SENTRI: Jurnal Riset Ilmiah
Vol. 4 No. 12 (2025): SENTRI : Jurnal Riset Ilmiah, Desember 2025

Legal Development for Electronic Evidence in Civil Litigation: Challenges and Future Expectations

Kusnadi, Kusuma Daniel (Unknown)
Wiraguna, Sidi Ahyar (Unknown)



Article Info

Publish Date
25 Dec 2025

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.

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Journal Info

Abbrev

sentri

Publisher

Subject

Aerospace Engineering Humanities Computer Science & IT Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

SENTRI: Jurnal Riset Ilmiah accomodates original research, or theoretical papers. We invite critical and constructive inquiries into wide range of fields of study with emphasis on interdisciplinary approaches: Humanities and Social sciences, that include: Engineering Agriculture Economics Health IT ...