Qonun Jurnal Hukum Islam dan Perundang-Undangan
Vol 10 No 1 (2026)

The Evidentiary Crisis in Criminal Defamation in the Digital Space: Between Public Perception and Legal Truth

Friska Anggi Siregar (IAIN Langsa)
Nur Sari Dewi M (Universitas Islam Negeri Sultanah Nahrasiyah)
Muslem Ibnu (IAIN Langsa)



Article Info

Publish Date
29 Jun 2026

Abstract

This study aims to analyse the evidentiary crisis in the crime of defamation in the digital space and examine how the interaction between legal norms, electronic evidence, and public perception affects the determination of legal truth. This study uses normative legal research combined with a socio-legal perspective. The results of the study show that the digital evidence crisis is influenced by four main factors, namely the ambiguity of legal norms that opens up space for subjective interpretation, the instability of digital evidence that is vulnerable to manipulation, the dominance of public perception that forms social legitimacy before the formal adjudication process, and the increasing influence of digital platforms in the distribution of information and the formation of public perception. The findings of the study show that the evidentiary process in the digital era is no longer fully determined by formal legal verification mechanisms, but is also influenced by the dynamics of digital communication, information virality, and social construction in the digital space. This research develops the concept of "digital evidence crisis" to explain the tension between legal truth formed through formal evidentiary procedures and social truth formed through social legitimacy and digital interaction. In contrast to previous studies that generally focused on the validity of electronic evidence or the normative aspects of defamation, this study offers a socio-legal approach that integrates law, technology, and digital communication in understanding the transformation of criminal evidence in the digital era. This study emphasizes the need to strengthen electronic evidence authentication standards and adaptive digital regulations to maintain a balance between legal certainty, freedom of expression, and due process of law in the digital space.

Copyrights © 2026






Journal Info

Abbrev

qonun

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

Qonun Jurnal Hukum Islam dan Perundang-undangan is an open access, peer-reviewed journal which aims to offer an international academic platform for Islamic legal stuidies. It encompeasses research articles, both normative-doctrinal and empirical, in the dicipline of Islamic law that includes: ...