Juridical Analysis of the Probative Value of Electronic Evidence in Criminal Decision Kupang District Court Number 126/Pid.Sus/2024/PN Kpg

Abstract

The rapid and widespread advancement of information technology nowadays has encouraged changes within Indonesian criminal law, especially concerning the rise of criminal acts perpetrated through electronic platforms, such as the offense of defamation. This circumstance indirectly implies the necessity for adjustments within the criminal evidentiary system, particularly concerning the existence and admissibility of electronic evidence in the trial process. Through this research, the author conducts a juridical analysis of how judges assess the admissibility and probative value of electronic evidence in Criminal Decision of the Kupang District Court Number 126/Pid.Sus/2024/PN Kpg, and how this decision illustrates a criminal case settlement during the a transitional period of statutory regulations. This study employs a normative juridical method, incorporating both a case approach and a statutory approach as its analytical frameworks. The findings of this study indicate that electronic evidence in this decision was recognized by the Panel of Judges as legally admissible and possessing probative value when corroborated by other forms of evidence, and playing a crucial role in enabling the judges to form a conviction regarding the truth of the alleged offense of defamation. Furthermore, this study focuses on another key aspects, concerning the amendments to Indonesian criminal law regulations that have subsequently legitimized the existence of electronic evidence within the evidentiary system as regulated under the Criminal Procedure Code (KUHAP) and the Electronic Information Transactions Law (ITE Law).