Suartini Suartini
Universitas Muhammadiyah Tangerang

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The Legality of Digital Evidence in Land Disputes: A Perspective on Civil Procedure Law Reform in the Telematics Era Rijal Ibnu Sani; Suartini Suartini; Tri Cahya Indra Permana; Ahmad Ahmad; Riri Gusda
Indonesian Journal of Law and Policy Studies Vol. 4 No. 1 (2023): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v4i1.15922

Abstract

The digital transformation of land administration through the implementation of electronic land certificates has significant implications for the evidentiary system in courts. The primary issue arises when conventional civil procedural law is confronted with digital evidence that possesses technical characteristics distinct from physical documents, thereby creating legal uncertainty in the resolution of land disputes. This study aims to analyze the legality and evidentiary strength of electronic land certificates in civil litigation and to formulate an ideal reconstruction of civil procedural law in the digital era. The research employs a normative juridical method with statutory and conceptual approaches. The findings indicate that although electronic land certificates possess legal validity under the Law on Electronic Information and Transactions (ITE Law), their evidentiary strength in court remains fluctuating due to the absence of standardized operational guidelines for judges in verifying the integrity of digital data. The study concludes that civil procedural law reform is necessary to explicitly regulate mechanisms for examining digital evidence, including the obligation to conduct forensic audits and the formal recognition of audit trails. Such reconstruction is essential to ensure substantive legal certainty and to protect landowners from the risk of electronic data manipulation. Through regulatory harmonization between civil law and telematics law, the judicial system can achieve adaptive legal protection in response to the advancement of information technology.
Legal Construction of Fake Diploma Allegations: An Analysis of Electronic Data Integrity under the Personal Data Protection and Electronic Information Laws Rijal Ibnu Sani; Suartini Suartini; Tri Cahya Indra Permana; Ahmad Ahmad; Misno Misno
Indonesian Journal of Law and Policy Studies Vol. 5 No. 1 (2024): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v5i1.15923

Abstract

The discourse surrounding the validity of public officials’ diplomas in cyberspace is frequently entangled in the criminalization of defamation offenses. There exists a profound ambiguity in law enforcement practices that fail to distinguish between criticizing the validity of an electronic document and intending to attack an individual’s personal honor. This blurred boundary generates concern among citizens who seek to exercise social control over the integrity of educational data, yet are instead confronted with the excessive penal threats of the Electronic Information and Transactions (ITE) Law. This study aims to deconstruct the juridical status of diplomas as electronic data within the framework of the ITE Law and the Personal Data Protection (PDP) Law, and to examine the implications of Constitutional Court Decision No. 104/2024 for the legal protection of individuals who verify public data within the digital ecosystem. Method: This research employs a normative juridical method using statutory and case approaches to analyze the ratio decidendi of the Constitutional Court. Results: The findings demonstrate that, from a telematics law perspective, a diploma constitutes a set of electronic information characterized as an object of information or a digital asset. Based on the latest Constitutional Court ruling, a clear distinction is established whereby the object of defamation is limited to human beings as legal subjects possessing dignity and honor, rather than objects or documents. Conclusion: Juridically, questioning the integrity of diploma data cannot automatically be classified as defamation. As long as the statement focuses on the authentication and verification of the document, such conduct forms part of freedom of expression and the exercise of social control protected by law