BHIRAWA LAW JOURNAL
Vol 1, No 2 (2020): November 2020

Tinjauan Umum Kekuatan Pembuktian Dokumen Elektronik Berupa Akta Autentik Sebagai Alat Bukti Dalam Persidangan Perdata Secara Elektronik (E-litigasi)*

Rodiah, Siti Aisyatur (Unknown)
Sunarjo, Sunarjo (Unknown)
Shanty, Wika Yudha (Unknown)



Article Info

Publish Date
01 Nov 2020

Abstract

This research focuses on how the power of proof of electronic documents in the form of authentic deeds as evidence in electronic civil proceedings (e-litigation) and how legal interpretations to consider electronic documents in the form of authentic deeds as evidence in electronic civil proceedings (e-litigation). The method used in this research is the normative method. Electronic documents in the form of authentic deeds are valid evidence in civil procedural law if they meet the formal and material requirements stipulated in the provisions of Articles 5 and 6 of the ITE Law, namely if the documents are original, can be accessed, displayed, their integrity is guaranteed, and can be accounted for. However, the value of evidentiary power attached to electronic documents in the form of authentic deeds as evidence does not yet have perfect evidentiary power. Because it still requires specific arrangements with the aim of ensuring legal certainty. Even though it has not been specifically regulated, electronic documentary evidence in the form of authentic deeds is still often used in electronic civil proceedings (e-litigation), in which case the judge cannot reject the case. Therefore, judges can make legal discoveries with interpretation and construction methods by referring to the ITE Law.

Copyrights © 2020






Journal Info

Abbrev

blj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Welcome to the official website of Bhirawa Law Journal. With the spirit of further proliferation of knowledge on the legal in Indonesia to the wider communities, this website provides journal articles for free download. Bhirawa Law Journal is a scientific periodical of the Faculty of Law, University ...