Menjawab Problematika Sistem Pembuktian dalam Penerapan Alat Bukti Elektronik

Constraint Electronic Evidence The Judge

Authors

  • Dewi Asimah
    dewi.asimah@yahoo.com
    Pengadilan Tata Usaha Negara Bandung, Indonesia
25 March 2024
24 November 2023

Advances in information and telecommunications technology have an impact on almost all aspects of human life. These technological advances also have an impact on the Indonesian legal system, including the legal system of evidence at trial, marked by the emergence of an electronic evidence system. In response to these technological advances, Indonesia has issued Law Number 11 of 2008 concerning Electronic Information and Transactions, which regulates electronic evidence. However, in practice there are still several obstacles, therefore this research will focus on studying the obstacles to implementing electronic evidence in trials as well as updating the evidentiary procedural law. This research uses normative juridical methods with descriptive analysis methods. The research results show that in practice there are still obstacles in the application of electronic evidence, such as the lack of regulation of electronic evidence in procedural law, procedures for submitting and displaying electronic evidence and authentication of electronic evidence and electronic signatures. Meanwhile, renewal of procedural law is a response to obstacles in the application of electronic evidence.