TINJAUAN YURIDIS NORMATIF TERHADAP LEGALITAS INFORMASI / DOKUMEN ELEKTRONIK SEBAGAI ALAT BUKTI DALAM PERSPEKTIF HUKUM ACARA PIDANA DI INDONESIA

JAYADI, AMIRULLAH (2009) TINJAUAN YURIDIS NORMATIF TERHADAP LEGALITAS INFORMASI / DOKUMEN ELEKTRONIK SEBAGAI ALAT BUKTI DALAM PERSPEKTIF HUKUM ACARA PIDANA DI INDONESIA. Other thesis, University of Muhammadiyah Malang.

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Abstract

Indonesia is developing country which be start to experience forward quickly such as in technology side that technology advance information, media and communication. It have changed society behave or human culture globally. Information technology be a sharp sword because beside it gives contribution to prosperity increasing and forward all at once be effective media to break law. Remembering law product of law in Indonesia is part of Netherland product that many time have changed both society condition or technology. Thus it is need new product of Law, for example, born of Law number 11 year 2008 about Information and Electronic Transaction (ITE LAW) In Criminal code in Indonesia is KUHAP organize about many material proof which be legal such as witness explanation, expert explanation, letter, guideline, and accusation explanation. Beside that material proof which be legal according to law, information and electronic transaction namely information and/or electronic document, and/or print result. In many research, police investigation, and charging, along with inspection in the court, writer want to know legality of electronic information/document as material proof in criminal code perspective in Indonesia. The method is used in this study by using method of normative juridical approach that see law as norm in society. The material kind of primary law especially KUHAP and ITE law 2008 and material kind of secondary namely is got by literature material, opinion of expert of rights and science along with information which be got by especial website in internet along with collecting material in law by listing in abstract form and by accessing in especial website in internet, thus it may be concluded based on the problem. Based on the study is got that criminal code do not recognize of material proof of information material, electronic document and print result. But in ITE law recognize material proof of information and/or electronic document and/or print result constitute a wide of material proof of criminal code which be running in Indonesia. The material proof of information and/or electronic document and print result based on the section 5 article (2) is considered as material proof in section 184 KUHAP as guideline of material proof. Thus it is said that criminal code constitute a lex generalis, and the criminal code of ITE UU constitute a lex speacialis, the meaning is criminal code of ITE UU is used to carrying out observation, investigation, and accusation, along with in court and law by judge is carried out based on the KUHAP.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Anwar Jasin
Date Deposited: 08 Jun 2012 08:38
Last Modified: 08 Jun 2012 08:38
URI: http://eprints.umm.ac.id/id/eprint/6858

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