KEABSAHAN ALAT BUKTI ELEKTORNIK DALAM TINDAK PIDANA UMUM PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 20/PUU- XIV/2016

Abstract

Regulation or law is a device as a guide for legal certainty, the development
of technology always develops following modern times. In the digital era, crime has
become increasingly complicated and complex, as is the case in the regulation of
electronic evidence which is not regulated in the Criminal Code and the Criminal
Procedure Code, which are the basis for criminal law in Indonesia. The number of
legal products made by the government sometimes does not necessarily provide
maximum legal certainty, such as the position and validity of electronic evidence in
general crimes. The issuance of the decision of the Constitutional Court Number
20/PUU-XIV/2016, provides an interpretation of electronic evidence in its validity as
evidence submitted in court. Based on this understanding, the writer formulates 2
problem formulations. First, how is the regulation of electronic evidence used in
proving general crimes before and after the decision of the Constitutional Court
Number 20/PUU-XIV/2016, secondly, how is the validity of electronic evidence used
in proving general crimes after the decision of the Constitutional Court Number
20/PUU -XIV/2016.
The type of problem research that will be used in this research is normative
juridical, which is carried out by means of a literature study by researching based
on primary, secondary, and tertiary legal material data.
The results of this study, there are things that can be concluded are legal
certainty related to the regulation of electronic evidence in general crimes, the
Constitutional Court's decision provides another interpretation of the validity and
position of electronic evidence used as evidence in court, in the context of law
enforcement of evidence. is legal if it is carried out at the request of the police,
prosecutors, and other law enforcement officers. This can be related if the evidence
is not obtained without first requesting the police, prosecutors, and other law
enforcement officers whether it can still be used as evidence, this is the uncertainty
of the position of electronic evidence in court after the decision of the Constitutional
Court is issued. therefore the need for legal reform related to the regulation of
electronic evidence in the Criminal Code and the Criminal Procedure Code.
Keywords; Legal Certainty-Decision-Constitutional Court-Electronic Evidence