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All Journal Jurnal Simbur Cahaya LEGAL BRIEF Madani: Multidisciplinary Scientific Journal Legacy: Jurnal Hukum dan Perundang-undangan
Aven, Ghina Salsabila
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Education Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences Other

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Journal : LEGAL BRIEF

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Legal Analysis of the Use of Electronic Evidence in Providing Evidence in Cor-ruption Cases (Decisions in Indonesia) Saputra, Aga Naya; Aven, Ghina Salsabila
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1410

Abstract

The rapid development of information technology has significantly transformed criminal procedure law, particularly regarding the recognition and use of electronic evidence. In corruption cases, electronic evidence has become a central instrument in uncovering modus operandi, tracing financial flows, and proving the involvement of perpetrators. This study aims to analyze the juridical status, practical application, and challenges of using electronic evidence in proving corruption cases in Indonesia. The research employs normative legal methods with statutory and case approaches, relying on secondary data such as legislation, legal literature, and relevant court decisions. The findings indicate that electronic evidence has obtained normative legitimacy through the Electronic Information and Transactions Law, the Anti-Corruption Law, and progressive judicial decisions. In practice, electronic evidence plays a decisive role in major corruption cases, although its implementation faces challenges related to authenticity, integrity, limited technical capacity of law enforcement officers, and regulatory disharmony. In conclusion, electronic evidence strengthens the evidentiary system in corruption cases, but legal harmonization, forensic technical standards, and capacity-building for law enforcement are required to ensure effectiveness and legal certainty.
Legal Protection for Victims of Domestic Violence from a Victimological Perspective (A Study of Decision No. 661/PID.SUS/2023/PN SMN) Simanjuntak, Tryveni Anauli; Aven, Ghina Salsabila
LEGAL BRIEF Vol. 14 No. 6 (2026): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1554

Abstract

Domestic violence remains a critical issue in Indonesia despite comprehensive legal frameworks established through Law Number 23 of 2004 on the Elimination of Domestic Violence. This study examines the legal protection afforded to victims of domestic violence from a victimological perspective, with a focus on Decision Number 661/Pid.Sus/2023/PN Smn. The research employs a normative legal approach, utilizing statutory analysis and case study methodology to evaluate the implementation of victim protection principles in judicial practice. Primary legal materials include relevant legislation and the court decision, analyzed through descriptive qualitative methods within a victimological framework. The findings reveal significant gaps between normative standards and practical implementation. While the legal framework comprehensively regulates victim rights including protection, restitution, and recovery, the examined court decision demonstrates fundamental deficiencies: absence of restitution orders, lack of protection orders to prevent repeat victimization, imposition of a suspended sentence that inadequately deters recidivism, and insufficient consideration of victims' psychological and economic vulnerabilities. The decision prioritizes the perpetrator's interests over victim protection, neglecting structural inequalities and power imbalances inherent in domestic violence cases. This study concludes that judicial practice requires substantial reform to fully integrate victimological principles, ensuring victims receive comprehensive protection, justice, and recovery while preventing secondary victimization.
Co-Authors Hutagaol, Henry Darmawan Pageru, Anderias Putri, Erya Intan Virnanda Saputra, Aga Naya Simanjuntak, Tryveni Anauli