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TINJAUAN YURIDIS ALAT BUKTI ELEKTRONIK DALAM PEMBUKTIAN PERKARA TINDAK PIDANA MAKAR (Studi Kasus Putusan Nomor : 13/Pid.B/2021/PN.Wmn)
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| Subjek | : |
Criminal procedure
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| Pengarang | : |
Ian Felik Adipramana
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| Pembimbing | : |
Dessi Perdani Yuris P S,
Lintang Ario Pambudi
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
345.05 ADI t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Electronic evidence in Indonesia is not regulated in Article 184 of the Criminal
Procedure Code, but there is actually an expansion so that electronic evidence
becomes evidence that is usually included in existing evidence such as letter
evidence or clue evidence. With these two possibilities, the researcher aims to
examine the validity and validity of electronic evidence and review the legal
considerations of judges regarding the submission of electronic evidence in proving
criminal cases in Indonesia. Decision Number 13/Pid.B/2021/PN. Wmn regarding
the crime of treason is one of the cases that uses electronic evidence. This research
uses normative juridical research methods using the Statue approach and Case
approach, and collects data from secondary data, with a review of relevant court
decisions. The results of the study show that electronic evidence is not directly listed
in the Criminal Procedure Code but there is an expansion that makes it able to be
used as evidence of letters or instructions. Then the ITE Law classifies the photo file
as electronic information and/or electronic documents. However, if you look at the
Criminal Procedure Code, it can be concluded that electronic evidence does not
need to be related to other laws in order to be used as evidence. The judge's legal
consideration in the decision placed the printed photo file as evidence of a letter,
which is contrary to the definition of the letter itself based on Article 187 of the
Criminal Procedure Code.
Keywords: Electronic Evidence, Evidence, Treason Crime
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