THE EVIDENTIARY POWER OF ELECTRONIC DOCUMENTS AS AN EXTENSION OF LEGAL EVIDENCE ACCORDING TO ELECTRONIC INFORMATION AND TRANSACTIONS LAW (UU ITE)

Abstract

The development of information technology has changed the method of proof in criminal law, especially regarding electronic evidence. In the Indonesian criminal justice system, electronic evidence is now recognized as a type of valid evidence, as regulated by Law no. 11 of 2008 concerning Electronic Information and Transactions which has been amended by Law no. 19 of 2016. However, the use of electronic evidence in criminal cases still experiences various difficulties, including in terms of validity, authenticity and effectiveness of evidence before a judge. The aim of this research is to legally analyze the validity of electronic evidence in criminal cases, including the legal basis underlying it, its position in the evidence system, and the challenges faced in practice in court. The methodology used is a normative approach by examining relevant regulations, court decisions and legal theory. Research findings show that electronic evidence has legal force equivalent to other conventional evidence, as described in Article 184 of the Criminal Procedure Code. However, its validity is greatly influenced by the validity of the collection process and the authentication carried out on the electronic document. In addition, there are still differences in understanding regarding its application between law enforcement officials and the courts, which can have an impact on the effectiveness of electronic evidence in proving criminal acts. Therefore, efforts are needed to harmonize regulations and increase the knowledge of law enforcement officers regarding digital technology so that electronic evidence can be utilized optimally in the criminal justice process.