THE URGENCY OF HARMONIZING CRIMINAL PROCEDURE LAW WITH TECHNOLOGY LEGAL REVIEW OF DIGITAL EVIDENCE IN CYBERCRIME

Abstract

The development of digital technology has created fundamental changes in the procedures for crime and law enforcement, especially in the context of criminal evidence. The emergence of cybercrime has created major challenges for the Indonesian criminal procedure system which is still based on the conventional approach in the Criminal Procedure Code. One of the main challenges is the use of digital evidence which has been legally recognized by the ITE Law, but has not been fully integrated into the structure of the Criminal Procedure Code. This study aims to analyze the urgency of harmonization between criminal procedure law and technology, especially in terms of digital evidence in cybercrime cases. The approach used is normative juridical, by tracing primary and secondary legal sources and studying jurisprudence. The results of the study indicate a normative and procedural gap in the management of digital evidence, which has an impact on the inconsistency of court decisions and the weak effectiveness of digital criminal law enforcement. The author suggests a comprehensive revision of the Criminal Procedure Code, the preparation of technical guidelines for digital evidence, and increasing the capacity of law enforcement resources. Harmonization of procedural law with technological developments is no longer an option, but an urgent need to ensure criminal justice that is relevant to the times.