ANALISIS INFORMASI ELEKTRONIK SEBAGAI ALAT BUKTI PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 20/PUU-XIV/2016

Abstract

Electronic informationis a legal evidence in criminal code procedure based on article 5 act of ITE.According to the theory on criminal procedure of evidence law, the validity of electronic information should have come from reliable material resources and also fulfill formal procedures. Formal legality of electronic information has been set on article 6 act of ITE. However, constutional court decree No. 20/PUU-XIV/2016 implicates that position and validity of electronic information evidence that can be seen from formal procedure aspect must refer to the process of request from law enforcement officers (APGAKUM). Whereas not every organizing of electronic system based on request from APGAKUM can be refered to offense allegations. Therefore, there is need law construction about electronic information in order to get approved by judge as a legal evidence in court without against the rule of evidence law inside criminal code procedure law