KEDUDUKAN DAN KEKUATAN PEMBUKTIAN ALAT BUKTI ELEKTRONIK TANPA DIGITAL FORENSIK DALAM PENANGANAN PERKARA GUGAT CERAI NOMOR REGISTER PERKARA: 1666/Pdt.G/2023/PA.Kab.Mlg

The submission of electronic evidence that is not equipped with digital forensics by the plaintiff in a divorce case with case register number 1666/Pdt.G/2023/PA.Kab.Mlg raises the question of how the arrangements regarding the submission of electronic evidence at trial should be with the reality that occurs. The purpose of this final project is to find out the implementation of electronic evidence in court according to statutory arrangements and practices in the field. This final project uses the Juridical-Empirical research method with a sociological juridical approach. The results obtained show that there is confusion regarding the regulation of electronic evidence at trial which makes a misalignment between the reality that should occur (das sollen) and the reality (das sein). The conclusion of this final project is that electronic evidence submitted at trial must go through a digital forensic process. However, in the verdict of the divorce case number 1666/Pdt.G/2023/PA.Kab.Mlg, the judge was of the opinion that electronic evidence without digital forensics submitted by the plaintiff had perfect and binding evidentiary value because the evidence was not refuted by the defendant. The suggestion given by the author is that the government and the DPR make further arrangements in the form of laws and government regulations as well as technical regulations at the level below related to the procedures for submitting electronic evidence in court.