Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Vol 11 No 1 (2026): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam

Penanganan Tindak Pidana Penipuan Online melalui Alat Bukti Digital di Kepolisian Surakarta: Perspektif Hukum Positif dan Hukum Islam

Berlian Nurjanah, Diana (Unknown)
Masrukhin, Masrukhin (Unknown)



Article Info

Publish Date
30 Jan 2026

Abstract

This study aims to analyze the patterns of handling online fraud crimes through digital evidence at the Surakarta Police and to assess their conformity from the perspectives of Indonesia’s positive law and Islamic criminal law. This research employs field research complemented by library research, using a qualitative approach with a juridical-empirical and normative-comparative method. The findings indicate that the use of digital evidence in investigative practices has largely complied with the Indonesian Criminal Procedure Code and the Electronic Information and Transactions Law, although it remains constrained by technical verification issues and the maintenance of the chain of custody. From the perspective of Islamic criminal law, digital evidence may be positioned as qarinah that possesses evidentiary value insofar as it fulfills the principles of al-bayyinah. This study demonstrates the normative convergence between positive law and Islamic law in strengthening a substantively just model of criminal proof in the digital era.

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Journal Info

Abbrev

legalite

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Legalite is published by the Islamic Sharia Law Study Program Faculty of IAIN Langsa. This journal contains a study related to the law, thoughts, and renewal of Islamic Criminal Law both in Indonesia and abroad. This journal is published twice a year: June and ...