Sunnah Sunnah
Universitas Ibn Chaldun

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Paradigma Baru Pembuktian Pidana Berbasis Teknologi dalam KUHAP Baru dan Implikasinya terhadap Standar Fair Trial di Indonesia Sunnah Sunnah; Abdul Malik Mufty
Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora Vol. 6 No. 2 (2026): Juni: Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora
Publisher : AMIK Veteran Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/khatulistiwa.v6i2.11076

Abstract

The development of information technology has transformed the nature of criminal proof, as many modern crimes leave digital traces stored in electronic systems. The reform of criminal procedure through Law Number 20 of 2025 concerning the Indonesian Criminal Procedure Code explicitly recognizes electronic evidence as a lawful means of proof. This recognition marks a paradigm shift from conventional evidentiary models toward technology-based proof. This study aims to analyze the legal construction and position of electronic evidence within the evidentiary system of the new Criminal Procedure Code and to examine its implications for the fulfillment of the fair trial principle in Indonesia’s criminal justice system. This research employs a normative legal method using statutory and conceptual approaches, analyzed through a literature review of relevant legislation and legal scholarship. The results show that the integration of electronic evidence in the new Criminal Procedure Code strengthens the legitimacy of digital data in criminal proof and connects criminal procedural law with the information technology legal regime as regulated in the Electronic Information and Transactions Law. However, the use of electronic evidence also raises challenges related to data authentication, evidentiary integrity, and the legality of evidence collection procedures. Moreover, the technological dominance of law enforcement authorities may create evidentiary imbalance affecting the principle of equality of arms. Therefore, the development of digital evidentiary standards, stronger judicial oversight, and guaranteed defense access to electronic evidence are essential to ensure a balance between effective law enforcement and the protection of human rights.