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All Journal Fox Justi : Jurnal Ilmu Hukum ISNU Nine-Star Multidisciplinary Journal (INS9MJ)
Trisnanda Rielta
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An Analysis of the Validity of Digital Evidence in the Modern Technological Era Fauziah Lubis; Halwa Shabri, Indana; Siti Adinda Puspita; Chairun Nissa Eprianty; Trisnanda Rielta; Jannatun Naim
Fox Justi : Jurnal Ilmu Hukum Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025
Publisher : SEAN Institute

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Abstract

The increasing reliance on digital technology in legal processes has transformed the nature of evidence presented in courtrooms. However, this transformation introduces serious challenges in verifying the authenticity and admissibility of electronic data, which is often more prone to alteration than traditional physical evidence. This study aims to examine how digital evidence is legally recognized and validated within Indonesia's civil litigation framework, particularly under the Positief Wettelijk Bewijs doctrine, which emphasizes formal legal standards in evidence evaluation.The research was conducted using normative legal methodology, focusing on statutory analysis and legal doctrine review. Various sources, including Indonesian legislation such as the Electronic Information and Transactions Law (ITE Law), scholarly articles, and international best practices in digital forensics, were examined to provide a comprehensive legal understanding. Findings reveal that while Indonesia formally acknowledges digital evidence through existing regulations, the practical implementation faces multiple obstacles. These include the absence of standardized procedures, inconsistencies in institutional interpretation, and a lack of technical competence among legal practitioners. Furthermore, the legal system’s formalistic orientation often clashes with the dynamic and complex nature of digital data, limiting its evidentiary value in court. To address these issues, the study emphasizes the urgency of legal reform both in terms of regulatory updates and the enhancement of forensic capabilities within the judiciary. Strengthening the legal infrastructure and aligning it with technological realities is essential to ensure the fair and effective use of electronic evidence in civil judicial proceedings.
Efforts to Resolve Disputes in Murabahah Contracts in Sharia Financial Institutions Trisnanda Rielta; Annisa Sonia Moniq Harahap; Fara Nazla; Dyna Varissa Indah Siregar; Putri Anggraini
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i3.928

Abstract

This study analyzes the concept and dispute resolution of murabahah contracts  in Indonesian Islamic financial institutions. The formulation of the research problem includes: (1) how the concept  of murabahah contracts  in Islamic financial institutions, and (2) how to resolve disputes that occur in murabahah contracts. The purpose of this study is to examine the concept, harmony, conditions, and mechanism of murabahah contracts based on the provisions in the Compilation of Sharia Economic Law (KHES), as well as the evaluation of dispute resolution based on sharia principles and positive Indonesian law. The method used is a normative method used with the analysis of primary legal materials (Law No. 21/2008 on Sharia Banking and KHES), and secondary legal materials in the form of literature, scientific articles, and fatwa DSN-MUI. Data was collected through document studies and literature review, then analyzed descriptively and analytically using a qualitative approach. The results of the study show that the murabahah contract  is mandatory to meet the principles of transparency, honesty, justice, harmony and conditions in accordance with sharia principles and in accordance with the provisions of positive Indonesian law. Disputes generally arise due to customer default, resolved through deliberation, contract conversion, the National Sharia Arbitration Board, or the Religious Court in accordance with KHES and DSN-MUI fatwa. This study recommends strengthening regulations, legal protection, and socialization of sharia principles to foster a sense of trust in the public towards the Islamic financial mechanism in Indonesia.
Co-Authors Annisa Sonia Moniq Harahap Chairun Nissa Eprianty Dyna Varissa Indah Siregar Fara Nazla Fauziah Lubis Halwa Shabri, Indana Jannatun Naim Putri Anggraini Siti Adinda Puspita