CD Skripsi
Keabsahan Alat Bukti Elektornik Dalam Tindak Pidana Umum Pasca Putusan Mahkamah Konstitusi Nomor 20/Puu-Xiv/2016
ABSTRACT
Regulation or law is a device as a guide for legal certainty, the development of technology always develops following modern times. In the digital era, crime has become increasingly complicated and complex, as is the case in the regulation of electronic evidence which is not regulated in the Criminal Code and the Criminal Procedure Code, which are the basis for criminal law in Indonesia. The number of legal products made by the government sometimes does not necessarily provide maximum legal certainty, such as the position and validity of electronic evidence in general crimes. The issuance of the decision of the Constitutional Court Number 20/PUU-XIV/2016, provides an interpretation of electronic evidence in its validity as evidence submitted in court. Based on this understanding, the writer formulates 2 problem formulations. First, how is the regulation of electronic evidence used in proving general crimes before and after the decision of the Constitutional Court Number 20/PUU-XIV/2016, secondly, how is the validity of electronic evidence used in proving general crimes after the decision of the Constitutional Court Number 20/PUU -XIV/2016. The type of problem research that will be used in this research is normative juridical, which is carried out by means of a literature study by researching based on primary, secondary, and tertiary legal material data. The results of this study, there are things that can be concluded are legal certainty related to the regulation of electronic evidence in general crimes, the Constitutional Court's decision provides another interpretation of the validity and position of electronic evidence used as evidence in court, in the context of law enforcement of evidence. is legal if it is carried out at the request of the police, prosecutors, and other law enforcement officers. This can be related if the evidence is not obtained without first requesting the police, prosecutors, and other law enforcement officers whether it can still be used as evidence, this is the uncertainty of the position of electronic evidence in court after the decision of the Constitutional Court is issued. therefore the need for legal reform related to the regulation of electronic evidence in the Criminal Code and the Criminal Procedure Code.
Keywords; Legal Certainty-Decision-Constitutional Court-Electronic Evidence
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