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All Journal Jurnal Ilmu Kepolisian Jurnal Hukum Siber dan Regulasi Teknologi
Jamaludin
Fakultas Hukum, Universitas Nahdlatul Ulama Nusa Tenggara Barat
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Keabsahan Alat Bukti Digital Berbasis Internet of Things dalam Hukum Acara Pidana Menurut Undang-Undang Nomor 20 Tahun 2025 Moh. Mujibur Rohman; Andes Robensyah; Ludfi; Jamaludin
Jurnal Hukum Siber dan Regulasi Teknologi Vol. 1 No. 1 (2026): January 2026
Publisher : Sah Publisher

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Abstract

The utilization of Internet of Things (IoT) devices in everyday social life has generated digital data that is increasingly used as evidence in criminal cases. This development raises legal issues concerning the status and validity of IoT-based digital evidence within the Indonesian criminal procedure system following the enactment of Law Number 20 of 2025 on the Criminal Procedure Code. This study focuses on analyzing the legal validity of IoT-based digital evidence and its implications for the protection of suspects’ rights in the criminal evidentiary process. The research employs a normative juridical method by examining statutory provisions, principles of criminal evidence law, and relevant legal doctrines. The findings indicate that IoT-based digital evidence is recognized as legally valid provided that it is obtained lawfully, meets the requirements of data authenticity and integrity, and is supported by digital forensic examination and expert testimony. However, the use of such evidence also poses risks to the right to privacy and the principle of due process of law if it is not accompanied by clear and proportionate procedures. Therefore, strengthening technical and procedural regulations, as well as enhancing the capacity of law enforcement authorities, is necessary to ensure that the use of IoT evidence operates fairly and in balance within the criminal justice system.
Pacta Sunt Servanda, Electronic Agreements, and Police Evidentiary Practice Heru Sunardi; Jamaludin; Tata Eliestiana Dyah A; Anggi Purnama Tradesa
Jurnal Ilmu Kepolisian Vol 20 No 2 (2026): Jurnal Ilmu Kepolisian Volume 20 Nomor 2 Tahun 2026
Publisher : Sekolah Tinggi Ilmu Kepolisian

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35879/jik.v20i2.736

Abstract

Electronic agreements are increasingly used in online sales, platform services, online credit, and digital commercial transactions. Their binding force is commonly justified through pacta sunt servanda under Article 1338 of the Indonesian Civil Code. However, electronic agreements create problems that cannot be resolved by repeating classical civil-law doctrine alone, because electronic consent, standard clauses, authentication, electronic signatures, system reliability, and electronic evidence affect whether a digital agreement is valid, fair, enforceable, and provable. This article analyses how the binding force of electronic agreements should be interpreted under the Indonesian Civil Code, Law Number 11 of 2008 concerning Electronic Information and Transactions as amended by Law Number 19 of 2016 and Law Number 1 of 2024, Government Regulation Number 71 of 2019, and consumer-protection principles. It also explains the relevance of electronic agreements to police handling of digital transaction disputes and online fraud complaints. This study uses normative legal research with statutory, conceptual, and issue-based approaches. Primary legal materials include the Civil Code, the ITE Law and its amendments, Government Regulation Number 71 of 2019, and relevant rules on electronic evidence and standard clauses. The findings of this study demonstrate that electronic agreements bind the parties only when electronic consent is legally meaningful, the contractual clauses are not contrary to good faith or fairness, and the electronic system can support evidentiary reliability. In police practice, electronic agreements are relevant as initial evidentiary materials for distinguishing ordinary contractual default from online fraud. Thus, pacta sunt servanda in electronic agreements must be interpreted proportionally: it protects legal certainty, but it is limited by valid consent, good faith, consumer protection, system reliability, and evidentiary accountability.
Co-Authors Andes Robensyah Anggi Purnama Tradesa Heru Sunardi Ludfi Moh Mujibur Rohman Tata Eliestiana Dyah A