<![CDATA[This study endeavors to scrutinize the criminal liability pertinent to the misuse of personal data as adjudicated in Decision Number 628/Pid.Sus/2020/PN.Btm and Decision Number 541/Pid.Sus/2022/PN.Mdn, specifically evaluated through the lens of the digital evidentiary system. Furthermore, it analyzes the congruence of this evidentiary framework with the evidentiary stipulations delineated in Law Number 20 of 2025 concerning the Criminal Procedure Code (the new KUHAP). The methodology employed is normative legal research, utilizing both a statutory approach and a case approach. Data analysis was executed qualitatively by meticulously processing and interpreting legal materials via a descriptive-analytical methodology. The findings reveal a discernible variance in interpretation and the trajectory of judicial reasoning (ratio decidendi) when appraising elements of unlawful acts, mens rea, and the probative value of electronic evidence within cybercrime adjudications. These divergent approaches are precipitated by a confluence of normative, juridical (case construction), and non-juridical variables. Ultimately, this comparative analysis elucidates the dichotomy between normative ideals (das Sollen) and judicial realities (das Sein), proposing recommendations for standardized legal enforcement to safeguard legal certainty and equity in the digital epoch.]]>
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