KEKUATAN HUKUM BARANG BUKTI ELEKTRONIK DALAM PEMBUKTIAN HUKUM PIDANA

Abstract

In this development, technological progress also affects the social order, life and even the rules prevailing in society. However, although the laws in Indonesia are flexible, not all aspects of life can be explicitly regulated in legislation. The Criminal Code is not explicitly regulated on electronic evidence in the proceedings. Only in the KUHAP are 5 valid evidences, namely letter proof, witness testimony, expert information, guidance, and description of the defendant. Although electronic evidence does not seem to have a strong legal force when viewed from the standpoint of ordinary criminal law, but in some special laws and regulations it has recognized and firmly established the position of electronic evidence as a valid evidence in the trial . In the trial of a murder case by Jessicka Kumala Wongso, there was a debate about the validity of electronic evidence in the form of CCTV recordings presented at the hearing. The expert witness of the convicted lawyer said that the recording can not be used as evidence because the evidence is not included in the 5 valid evidence in the Criminal Procedure Code. In other cases, the proof of a sound recording recording a conversation between sn, ms, mf, had also been debated in the trial. The case was finally closed after Setya Novanto chose to resign from the post of chairman DPR RI Keywords: Evidence, electronic evidence, evidentiary powe