Electronic Evidence in Criminal Procedural Law

Abstract

The development of technology and information encourages law enforcement officials to be able to maximize case handling, such as investigations by utilizing electronic evidence. Electronic evidence has its own uniqueness, which is different from other general evidence such as objects that can be seen with the naked eye and the touch. Since the promulgation of Law No. 11 0f 2008 (ITE Law), there is an expansion of the types of evidence at court, namely electronic information and / or electronic documents. This research is a normative study using a statutory approach. The legal materials used are primary and secondary legal materials. Based on the results of this study that based on the provisions of the Marketplace 183 KUHAP, it can be concluded that the Criminal Procedure Code adheres to a negative law-based proof system and based on Article 5 paragraph (1) and paragraph (2) of the ITE Law that Electronic Information and / or Electronic / or the printout is valid legal evidence.

Keywords: Electronic Evidence, Evidence Systems, Evidence Tools.

DOI: 10.7176/JLPG/104-01

Publication date: December 31^st 2020