Implementation of the Use of Digital Evidence in Electronic Evidence in Indonesian Criminal Procedure Law

Implementasi Penggunaan Digital Evidance pada Pembuktian Elektronik dalam Hukum Acara Pidana Indonesia

Abstract

Indonesia's criminal procedural evidence system has changed dramatically due to information technology. This paper examines the use of electronic evidence in criminal proceedings and the normative, technological, and institutional barriers that hinder its use. This study employed a normative, statutory, contextual, and case-based juridical approach. Data were obtained from a literature review of relevant laws, legal literature, and court decisions. The research findings indicate that Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) legitimizes electronic evidence. Because the Criminal Procedure Code (KUHAP) does not specifically regulate electronic evidence, its enforcement is currently difficult. The lack of national operational standards and the weak digital forensic skills of law enforcement officers hinder the authentication and validation of digital data. To optimize the use of digital evidence, an update to the KUHAP is needed that comprehensively regulates the procedures for collecting, verifying, and presenting electronic evidence, along with strengthening human resource capacity and developing digital forensic laboratories throughout Indonesia. These reforms are expected to create a modern criminal justice system that is adaptive to technological advances and guarantees the principles of justice and legal certainty.