PROSES PEMBUKTIAN SURAT YANG MENGGUNAKAN BUKTI ELEKTRONIK PADA PROSES PENYELESAIAN PERKARA PERCERAIAN (STUDI PERKARA NOMOR 1799/Pdt.G/2024/PA.Kab.Mlg)

The background of this study is taken from the case of divorce settlement of talaq at the Malang Regency Religious Court on the grounds that the wife has committed nusyuz on case number 1799/Pdt.G/2024/PA. Mlg. Regency in the Civil Procedure Law has regulated legal regulations on the settlement of civil cases through the courts. One of the most important stages in the trial process is the evidentiary stage. At this time, the proof process can use electronic evidence as regulated in the ITE Law. The purpose of this study is to find out the evidentiary process using electronic evidence in the settlement of divorce talaq case study case number 1799/Pdt.G/2024/PA. In this case, the author uses an empirical juridical research method that focuses on the direct application of law by observing something to be researched. The author also employs the social legal approach method, utilising primary and secondary data types, and employing data collection techniques through observation and literature studies on several literatures through books, legal journals and laws and regulations. Article 164 of the HIR has mentioned evidence in civil cases, namely written evidence, witnesses, suspicions, confessions and oaths. In this study, the author focuses more on the evidentiary trial process using electronic evidence. Electronic evidence can be accepted if it meets the requirements of relevance and has been verified by a judge and meets the formal and material requirements as contained in Law Number 19 of 2016 concerning Information and Electronic Transactions. However, the use of electronic evidence also requires strict supervision and effective law enforcement to prevent misuse by the public.