Legal Certainty of the Use of Electronic Evidence in Criminal Law Enforcement in Indonesia Review of the ITE Law and the Criminal Procedure Code

Abstract

This study discusses the legal certainty of the use of electronic evidence in criminal law enforcement in Indonesia, focusing on Law No. 19 of 2016 concerning Electronic Information and Transactions (UU ITE) and the Criminal Procedure Code (KUHAP). In the increasingly developing digital era, electronic evidence such as digital messages and online transactions has become very important, but the main challenges faced are the unclear regulations regarding the authenticity of electronic evidence and the unpreparedness of law enforcement officers in processing it. The ITE Law recognizes electronic evidence, but there are no detailed regulations in the Criminal Procedure Code governing how this evidence is collected, authenticated, and used in court. This study uses a normative juridical method, with a statutory regulatory approach and case analysis to examine the harmonization between the ITE Law and the Criminal Procedure Code, as well as the challenges faced by law enforcement officers in implementing electronic evidence. The results of the study show that the absence of explicit rules on electronic evidence in the Criminal Procedure Code creates legal uncertainty. In addition, the limited understanding of law enforcement officers regarding technology and digital forensics results in the less than optimal use of electronic evidence in criminal cases.

This study recommends a revision of the Criminal Procedure Code to include clearer provisions on electronic evidence, as well as increasing human resource capacity through digital forensics training. With these steps, it is hoped that the use of electronic evidence can be applied legally and effectively in the Indonesian criminal justice system.