Fox Justi : Jurnal Ilmu Hukum
Vol. 15 No. 02 (2025): Fox justi : Jurnal Ilmu Hukum, Edition 2025

An Analysis of the Validity of Digital Evidence in the Modern Technological Era

Fauziah Lubis (Unknown)
Halwa Shabri, Indana (Unknown)
Siti Adinda Puspita (Unknown)
Chairun Nissa Eprianty (Unknown)
Trisnanda Rielta (Unknown)
Jannatun Naim (Unknown)



Article Info

Publish Date
02 Jun 2025

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.

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Journal Info

Abbrev

Justi

Publisher

Subject

Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Fox Justi : Jurnal Ilmu Hukum a scientific LEGAL BRIEF which includes scholarly writings on pure research and applied research in the field of Law as well as a review-general review of the development of the theory, methods, and related applied sciences. Legal Theory Law of E-Commerce Legal and ...