The Power of Proof of an Online Arisan Agreement in the Verdict of PKPU Number 10/Pdt-Sus-PKPU/2021/Pn.Smg in Accordance with the Theory ofLegal Positivism and Justice

Abstract

This thesis is entitled "The Strength of Proof of Online Arisan Agreements in PKPU Decision Number 10/Pdt-Sus-PKPU/2021/PN.Smg Seen from the Theory of Legal Positivism and Justice". This thesis aims to find out and examine the strength of proof of online agreements via the WhatsApp application in terms of the theories of positivism and justice as well as to find out and examine procedural law reforms that are needed to accommodate the use of technological means as evidence in business/business relationships. This research is normative legal research with a conceptual approach and statutory regulations. The data source is secondary data consisting of primary legal materials and secondary legal materials, analyzed using legal analysis methods, namely qualitative methods. The results of the research show that there are disparities in the implementation of electronic evidence assessment because there is electronic evidence that is considered to have weak evidentiary strength even though they are supported by other evidence, there are also those that are considered to have decisive evidentiary strength in resolving cases in court so that they do not provide equitable justice. for society. The panel of judges in assessing electronic evidence should not only prioritize legal certainty but also justice which should be realized to protect the interests of the parties reform of procedural law in terms of implementing electronic evidence in Indonesian trials requires reform of three main pillars of law, namely legal substance, legal structure. and legal culture.