LEGALITY OF DIGITAL EVIDENCE IN PROVIDING CYBER CRIMES IN COURT

Abstract

The development of crime in the digital era has given rise to new challenges in the criminal justice system, especially in terms of evidence. Digital evidence is now a central element in cybercrime cases, replacing the dominance of conventional evidence. Although positive Indonesian law, through Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) and its amendment in Law Number 19 of 2016, has explicitly recognized electronic information and/or electronic documents as valid legal evidence, this normative recognition has not been fully effective in court practice. This article examines the legal basis for recognizing digital evidence, the challenges of its application in the criminal justice process, and the need for regulatory updates and strengthening institutional capacity. Using a normative legal approach and analysis of a number of jurisprudence, it was found that digital evidence is very vulnerable to issues of integrity, authenticity, and procedural deviations, such as ignoring the chain of custody. The lack of uniformity in technical procedures in criminal procedure law also worsens the position of digital evidence before judges. Therefore, a comprehensive revision of the Criminal Procedure Code and the establishment of digital forensic technical guidelines are needed to ensure the legality and effectiveness of evidence in cybercrime cases. This study shows that without the support of adaptive regulations and digitally competent officers, the recognition of digital evidence will lose its functional power in upholding criminal justice.