Tinjauan Yuridis Normatif Terhadap Alat Buktielektronik DALAM PRAKTEK PERSIDANGAN PIDANA

YUSRINA, RIZKI (2010) Tinjauan Yuridis Normatif Terhadap Alat Buktielektronik DALAM PRAKTEK PERSIDANGAN PIDANA. Other thesis, University of Muhammadiyah Malang.

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Abstract

The rapid technological developments to change the various crimes that increasingly sophisticated and organized, especially regulation of electronic evidence in criminal procedural law in Indonesia is still limited. With the development of crime by using electronics, the investigators and the prosecutor and judge confronted with the existence of electronic evidence such as computer data, electronic documents, email, or record of account transactions. In the development of evidence as stipulated in the Criminal Code no longer can accommodate the development of information technology, this raises new legal issues. Although set in some special legislation, but the nature of electronic evidence is still partial, because electronic evidence can only be used in certain laws. Based on the above background, it can be formulated three main issues, including: Is electronic evidence can be used as evidence under the Criminal Procedure Code?, Is the practice of electronic evidence in criminal trials can be used?, Is Judge considerations regarding the use of electronic evidence in court?, What is the legal consequence of the decision the Judge regarding the use of electronic evidence in court?. The method used in the study includes a normative juridical approach, while the data sources that the authors use a primary and secondary legal materials which the author analyzes the Statute Approach method is to use a review and analysis based on legislation and other legal materials relating to the research object Based on the results of research and discussion, it can be concluded: that electronic evidence as evidence in the criminal justice according to the Criminal Code does not expressly regulated, but in special legislation and the draft Code of Criminal Procedure has been set. In a criminal trial practice, the acceptance of electronic evidence as proof of the strength of evidence affect judge's consideration. In the case Muhdi, the judge has acknowledged the existence of electronic evidence. Consequence the use of electronic evidence is on one hand there are advantages, on the other hand there are shortcomings. The good news is that the use of electronic evidence dipersidangan to expose the crimes that use advanced technology or electronic device that can answer the challenge of development of the era, because of the implementation, development of science and technology will result in developing all kinds and forms of crime and modus operandi. While the shortcomings is that electronic evidence can only be proved by competent experts in their field (such as telematics expert), in addition, provisions in the Criminal Procedure Code does not expressly and explicitly set, so it is considered straddling the Criminal Code, although in special legislation has been arranged. Therefore, the legal consequences of the judge's decision regarding the use of electronic evidence in court is on one hand is the practice of distorting the Criminal Code, while on the other hand to snare the perpetrators. Keywords: evidence, electronics, trial

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Anwar Jasin
Date Deposited: 12 Mar 2012 13:13
Last Modified: 12 Mar 2012 13:13
URI: http://eprints.umm.ac.id/id/eprint/384

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