The Validity of Electronic Evidence as an Expansion of Evidence in the Criminal Justice System

DOI

10.2991/978-2-38476-164-7_101How to use a DOI?

Keywords

criminal justice; electronic evidence; evidence

Abstract

The criminal procedural law has not regulated electronic evidence, this is a problem because along with the development of technology many crimes use electronic media, so it has become a legal deadlock for the community, with the promulgation of the Law on Electronic Information and Transactions which regulates electronic evidence has become a legal problem, but there is still a lot of confusion about criteria such as what electronic documents can be categorized as electronic evidence. This research uses a qualitative approach method, data analysis in this study is a case study data analysis that is descriptive analysis, the source of this research data is sourced from primary legal materials, secondary legal materials, tertiary legal materials, field research. Data collection techniques are using literature studies (library research,) interviews, studies (review) documents, then The data analysis technique used in this study is qualitative data analysis. if it is related to the substance of this study, namely the Criminal Procedure Code as a general rule that regulates evidence in crime, namely in the form of witness evidence, expert statements, letter butki, instructions and statements of the accused. But then since the promulgation of the ITE Law, the evidence has expanded, namely with the emergence of electronic evidence, the electronic evidence can be said to be valid if obtained from an electronic system with the conditions regulated in the ITE Law, namely electronic documents that can be re-aired if needed in a trial using electronic devices.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Taun
AU  - Imanudin Affandi
AU  - Rahman
AU  - Muhammad Rusli Arafat
PY  - 2023
DA  - 2023/12/21
TI  - The Validity of Electronic Evidence as an Expansion of Evidence in the Criminal Justice System
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 1092
EP  - 1101
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_101
DO  - 10.2991/978-2-38476-164-7_101
ID  - 2023
ER  -