LEGALITY OF DIGITAL EVIDENCE IN CYBER CRIME PROSECUTION BETWEEN NORMATIVE RECOGNITION AND PROCEDURAL INEQUALITY

Abstract

The development of digital technology has created new forms of crime known as cybercrime, which requires an update to the criminal law system, especially in terms of evidence. One important instrument in proving digital crime is digital evidence. Although Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE), as amended by Law Number 19 of 2016, has explicitly recognized the validity of electronic information as legal evidence, its implementation in court still faces many challenges. This study aims to analyze the legality of digital evidence in the context of the criminal evidence system in Indonesia, as well as to identify the imbalance between normative recognition and procedural application in judicial practice.

The method used in this study is a normative legal approach, using secondary data in the form of laws and regulations, court decisions, and relevant scientific literature. The results of the study indicate that although digital evidence has been recognized in positive law, the provisions in the Criminal Procedure Code have not explicitly accommodated the existence of such evidence. On the other hand, the absence of national standards governing the procedures for collecting, storing, and authenticating digital evidence has led to inequality in the cybercriminal justice process. This is exacerbated by the limited technical capacity of law enforcement officers in the field of digital forensics.

Therefore, a comprehensive revision of the criminal procedure law, the preparation of nationally binding technical guidelines on digital evidence, and the improvement of human resource capacity are needed. These reforms are important to ensure that the Indonesian criminal law system is able to guarantee justice, transparency, and protection of human rights in facing the challenges of law enforcement in the digital era.