Legality of Electronic Information According to Law No. 19 of 2016 as Evidence in Trials at Court

Abstract

Then in Article 5 paragraph (1), (2) and (3) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 it has been explained that Electronic Information and/or Electronic Documents and/or their printouts are tools valid legal evidence and is an extension of legal evidence in accordance with the applicable Law of Procedure in Indonesia, which is declared valid when using an Electronic System in accordance with the provisions stipulated in this law. However, in practice there is a legal void in procedural law in Indonesia related to the strength of electronic evidence. The method in this study uses the juridical-normative method, namely solving a problem by referring to laws and regulations. This normative juridical research starts from analyzing a case and then looking for a solution through legislation. Electronic evidence can be used as valid evidence in criminal law, so by using one of the parameters of criminal evidentiary law known as bewijsvoering, namely the breakdown of how to convey evidence to judges in court. When law enforcement officials use evidence obtained in an illegal way or unlawful legal evidence, the said evidence is set aside by the judge or considered by the court to have no evidentiary value. Keywords: Legitimacy, Electronic Evidence, evidence, Trial, Court.