Smart: Journal of Criminal Law Review and Analysis
Vol. 1 No. 3 (2026): Smart: Journal of Criminal Law Review and Analysis (SCrim)

Digital Evidence Under Legal Realism: Extralegal Factors Determining The Mario Dandy Verdict

Muhammad Febriansyah Wijaya (Islamic University of Indonesia)
Tere Anlyra Rahma Putri (Islamic University of Indonesia)
Ayu Imsri Titifiani (Islamic University of Indonesia)



Article Info

Publish Date
01 Jul 2026

Abstract

The integration of digital evidence into criminal proceedings exposes critical normative gaps within Indonesian evidentiary laws, compelling judges to navigate procedural vacuums. Employing a sociolegal methodology with statutory, conceptual, and case approaches, this study examines the Mario Dandy verdict through Legal Realism. Findings reveal that judges compensate for absent forensic guidelines by converting digital data into conventional taxonomies and delegating evidentiary authority to technocrats. Consequently, judicial conviction is profoundly determined by extralegal factors, including cognitive biases from intense sociopolitical pressure, technological illiteracy, and systemic infrastructural disparities. This epistemological vulnerability inherently threatens the equality of arms principle within modern courts. To mitigate this structural anomaly, recent formal statutory revisions remain technically insufficient. Therefore, this article proposes institutionalizing an Electronic Evidence Reliability Framework mandating algorithmic audits, hashing standards, and comprehensive judicial digital literacy. This mandatory framework is an absolute prerequisite to restore structural equilibrium between technological utility and due process of law.

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Journal Info

Abbrev

SCrim

Publisher

Subject

Description

Smart: Journal of Criminal Law Review and Analysis (SCrim) is a rigorous, peer-reviewed academic forum dedicated to the comprehensive examination of substantive and procedural criminal law, penal policy, and the broader intersections of criminal justice and contemporary society. Published ...