KEDUDUKAN SURAT ELEKTRONIK (E-MAIL) SEBAGAI ALAT PEMBUKTIAN DALAM UNDANG-UNDANG PIDANA TERTENTU DI INDONESIA
Abstract: Technological
developments that affect the system of proof in criminal acts, one of which is
elktronik mail (e-mail). In the Era of Globalization media as a supporter in
any activity unexpectedly brought a relatively new issue and have not found a
clear legal basis in the community at large. Issues raised in this study are (1)
What is the status of evidence of electronic mail (e-mail) in certain criminal
laws in Indonesia (2) How is the expansion of evidence Indonesian Criminal
Procedure Code. This study uses normative law research, in particular the
inventory of positive law. The data used include the primary legal materials,
secondary, and tertiary legal materials. Data obtained through the study of
documents. Data were analyzed qualitatively. From the study it can be concluded
that (1) Electronic mail (e-mail) has the power and the same position with the
same evidence in the burden of proof at trial, e-mails and other electronic
records still do not have sufficient proof strength particularly in the
Criminal Procedure Code, while according to laws outside the Penal Code e-mail
has the same status as valid evidence (2) Expansion of documentary evidence
that electronic mail (e-mail) can not stand alone need someone to give an
explanation. Expansion assist in proving trials, especially criminal cases of
cyber crime, pembuktianya can not conventionally.
Penulis: Gama Ferdian Fitra,
Uning Pratimaratri, Syafridatati
Kode Jurnal: jphukumdd151308
