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All Journal SENTRI: Jurnal Riset Ilmiah
Kusnadi, Kusuma Daniel
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Aerospace Engineering Humanities Computer Science & IT Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Legal Development for Electronic Evidence in Civil Litigation: Challenges and Future Expectations Kusnadi, Kusuma Daniel; Wiraguna, Sidi Ahyar
SENTRI: Jurnal Riset Ilmiah Vol. 4 No. 12 (2025): SENTRI : Jurnal Riset Ilmiah, Desember 2025
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v4i12.5102

Abstract

The acceleration of digitalization in Indonesia’s judicial system has transformed civil procedural law evidence mechanisms to increasingly rely on electronic evidence. This study aims to analyze the legal construction and challenges of admitting electronic evidence in civil procedural law. Using a normative juridical approach, the study reviews regulations, jurisprudence, and legal doctrines related to electronic evidence. The population includes legislation and court decisions from 2020–2025, with purposive sampling of five selected cases. Data were analyzed through systematic normative interpretation. Findings indicate conditional recognition of electronic evidence, inconsistent jurisprudence, and a lack of adequate digital forensic technical guidelines. The burden of proof and role of IT experts remain unclear in practice. The study concludes that regulatory and technical guidelines need improvement to strengthen the principle of free proof and procedural justice in the digital era. Adoption of a digital chain of custody and verified electronic signatures is highly recommended.
Co-Authors Wiraguna, Sidi Ahyar