International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Vol. 5 No. 6 (2025): November

TREATMENT OF ELECTRONIC EVIDENCE AFTER A JUDGE'S DECISION WHICH HAS PERMANENT LEGAL FORCE IN CRIMINAL CASES

Fanidia Tumanggor (Unknown)
Faizin Sulistio (Unknown)
Patricia Audrey (Unknown)



Article Info

Publish Date
01 Nov 2025

Abstract

Advances in information and communication technology have significantly influenced legal developments, particularly in the area of ​​evidence in criminal justice processes. The use of electronic evidence as evidence in various criminal cases poses challenges related to the clarity and adequacy of the legal framework in Indonesia. This study aims to examine the extent to which Indonesian law accommodates the existence of electronic evidence and how judges determine its legal status and treatment after a criminal verdict has become final and binding. The study focuses on the question of whether it is sufficient to seize electronic data together with the electronic device or whether a normative separation between the physical device and the electronic data within it is necessary, as is the practice in the Netherlands and France. In this context, it is important to analyze whether existing legal provisions provide legal certainty and strike a balance between the interests of law enforcement and the protection of individuals' rights to personal data, information, and/or electronic documents contained in seized electronic devices. Through a normative juridical and comparative legal approach, this study finds that legal regulations in Indonesia do not specifically regulate the treatment of electronic data in court decisions. Therefore, regulatory reform is needed to ensure the protection of each individual's constitutional rights and strengthen the integrity of the evidentiary system in electronic-based criminal cases.

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Journal Info

Abbrev

IJERLAS

Publisher

Subject

Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

Description

This journal accepts articles on results of the research in fields of Education, Cross Culture, Law, Environmental Empowerment which are the latest issues from the results of activities or practical implementations that are problem solving, comprehensive, meaningful, latest and sustainable findings ...