DILEMMA OF EVIDENCE IN THE CYBER ERA REFORMULATION OF LEGAL STANDING OF DIGITAL EVIDENCE IN THE KUHAP AND ITE LAW
Keywords:
digital evidence, reformulation of the Criminal Procedure Code, cybercrimeAbstract
The digital era has brought significant changes to the evidentiary system in criminal procedure law. The increasing number of cybercrime cases has made digital evidence a major element in evidence in court. However, the Indonesian criminal procedure law system, especially the Criminal Procedure Code, has not explicitly regulated the legal standing of digital evidence. Meanwhile, the ITE Law, which recognizes electronic evidence as valid, does not have binding technical procedures within the framework of criminal procedure law. This imbalance creates a serious legal dilemma that has an impact on justice and legal certainty. This study uses a normative and comparative legal approach to analyze the inconsistencies between the Criminal Procedure Code and the ITE Law and offers a reformulation of the legal standing of digital evidence. The results of the analysis indicate the need to revise the Criminal Procedure Code to include digital evidence as valid evidence, accompanied by technical implementing regulations and strengthening the competence of law enforcement officers. This reformulation is important so that the evidentiary system does not lag behind the times and continues to guarantee the principle of due process of law in the cyber era.
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Copyright (c) 2025 Hasman Hidayah , T. Riza Zarzani , Fitri Rafianti
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