CD Skripsi
Analisis Urgensi Pemeriksaan Digital Forensik Pada Persidangan Tindak Pidana Informasi Dan Transaksi Elektronik Perkara Melanggar Kesusilaan Dan Relevansinya Dengan Pertimbangan Hukum Hakim Dalam Menjatuhkan Putusan
ABSTRACT
In handling crime cases with the use of technology information often requires forensics. Forensics is an activity for conduct investigations and establish facts related to criminal incidents and other legal matters. Forensic analysis is an important step in computer crime, especially when it comes to bringing it into court. Digital forensics is a part of forensic science that covers the discovery and investigation of material (data) found on digital devices (computers, mobile phones, tablets, net-working devices, storage, and the like).
The type of research used is normative juridical research. In this research, the researcher discusses the level of legal synchronization, which aims to reveal the extent to which certain laws are compatible vertically or horizontally.
The conclusions that can be obtained from the results of the study are First, Digital Forensics Legal Arrangements in the Criminal Evidence System in Indonesia are not specifically regulated in laws and regulations. However, Article 5 paragraph (1) of Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Information and Electronic Technology (ITE) contains a form of expansion of evidence outside Article 184 of the Criminal Procedure Code. Where in the law it is recognized that Electronic Information and/or Electronic Documents and/or their printouts are legal evidence. Where in article 5 paragraph (2) of the Law on Information and Electronic Transactions it is clarified that the evidence referred to in paragraph (1) is an extension of legal evidence in accordance with the applicable procedural law. The Law on Information and Electronic Transactions emphasizes that in all applicable procedural laws in Indonesia, Electronic Information and Documents and their printouts can be used as legal evidence. Second, the Role of Digital Forensics in Information and Electronic Transaction (ITE) Crime Trials in Cases Violating Morality and Its Relevance With Judges' Legal Considerations in Making Decisions, namely in examining digital forensic evidence, applying principles, it is important that the process takes place in accordance with the law. applicable and the basic principles can be applied properly. Digital Forensic Clarification is also divided based on the physical and logical form of the evidence to be examined/analyzed. Then digital forensics must clarify the evidence, namely electronic evidence and digital evidence by paying attention to the characteristics of the evidence, namely proper and acceptable, original, complete, trustworthy, reliable.
Keywords: Examination, Digital Forensics, Morality, Legal Consideration, Judge.
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