Protection of Digital Evidence After Case Administration  and Electronic Court Proceedings Regulation

Andi Hakim Lubis; Fahrizal S. Siagian; Mhd. Hasbi; Tommy Aditia Sinulingga; Immanuel Joyson Benaya; Sarimin Pinem

Andi Hakim Lubis Faculty of Law, University of Medan Area
Fahrizal S. Siagian Master of Law Programe, University of North Sumatra
Mhd. Hasbi Faculty of Law, University Haji of North Sumatra, Indonesia
Tommy Aditia Sinulingga Faculty of Law, University of North Sumatra
Immanuel Joyson Benaya Faculty of Law, University of Medan Area
Sarimin Pinem Faculty of Law, University of Medan Area

Abstract

Evidence is an important component in the justice system that is able to shed light on a case and find the final conclusion for case settlement in court. Digitalization requires all components to follow, including the judicial system with digital evidence. The important nature of evidence, which has a vital role in the judicial process, requires that its confidentiality be protected. In the era of digitalization, the protection of evidence is still not maximally implemented by judicial institutions. A scientific study is needed to realize the effectiveness of protecting the confidentiality of evidence in the electronic justice system in Indonesia. Problems surrounding How are the juridical provisions of the position of digital evidence in the justice system in Indonesia? How is the protection of digital evidence in the justice system in Indonesia after the enactment of PERMA Number 1 of 2019? This research is a normative juridical research with a statutory approach, concept, and case approach. Therefore, the results obtained are first, the juridical provisions of digital evidence are regulated based on special laws such as the ITE Law and other provisions. Second, digital evidence is protected by the ITE Law and Supreme Court Regulation Number 1 of 2019. Although the PERMA has not been strictly regulated regarding the protection of digital evidence. Indonesia should have strict regulations regarding the protection of electronic evidence to maintain the dignity of the national judiciary.