SciRepID - Scientific Publication Search

Publication Search

49,117 articles from 425 journals · 1,447 citations tracked

Showing 1-14 of 14

Analytics

Susy Putri Wihadi; Alfred Ariyanto; Nunuk Jati Saputri; Thomas Mulyanto Kurniawan

Prosiding Seminar Nasional Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The digital transformation of the Indonesian judicial system through the implementation of e-court and e-litigation necessitates a redefinition of conventional evidentiary laws, which have historically been governed by the Herziene Inlandsch Reglement (HIR) and the Rechtreglement voor de Buitengewesten (RBg). This research aims to analyze the evidentiary strength of electronic documents as expanded means of proof in civil proceedings and to identify the challenges regarding their implementation. The research method employed is normative legal research using a statutory approach and a conceptual approach. The findings indicate that based on the principle of functional equivalence, electronic documents hold a legal status equivalent to paper-based documents, provided they meet the requirements of integrity, accessibility, and authenticity through certified electronic signatures as mandated by Law Number 1 of 2024 concerning Electronic Information and Transactions. The evidentiary strength of an electronic document may reach the level of conclusive evidence, similar to an authentic deed, if supported by a reliable electronic system. However, implementation still faces technical hurdles concerning metadata verification and limited human resource competency within the judiciary. This research recommends the urgent need for a new codification of civil procedural law and the standardization of digital forensic procedures in trials to ensure legal certainty and justice for all parties in the digital era.

Gusni Cahaya Putri; Evandito Raihan Prayoga; Abram Sahing; Febri Gumelar

Prosiding Seminar Nasional Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of information and communication technology has increased the use of electronic documents in legal and business activities, thereby affecting the evidentiary system in Indonesian civil procedural law. This study aims to analyze the legal regulation of electronic evidence and its evidentiary strength in resolving civil cases under Indonesian civil procedural law. The research method used is normative juridical research with statutory and library research approaches. The data were obtained from primary and secondary legal materials and analyzed qualitatively. The results show that electronic evidence has been legally recognized through Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions. Its evidentiary strength has the same legal position as other forms of evidence as long as it fulfills the requirements of authenticity, integrity, and validity of electronic data. Therefore, more detailed regulations regarding authentication standards and examination procedures for electronic evidence are still needed to ensure legal certainty in civil court practices.

Mirtha Ilmi; Eva Hany Fanida; Meirinawati Meirinawati; Trenda Aktiva Oktariyanda

Perspektif Administrasi Publik dan hukum 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Digital transformation in public services represents a strategic shift in integrating information technology into governmental administrative systems to enhance service efficiency, transparency, and accountability. One prominent innovation in this effort is the adoption of electronic land certificates initiated by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) as part of land service modernization. This policy is formally regulated under Ministerial Regulation No. 3 of 2023 concerning electronic documents in land registration. This study employs a descriptive qualitative approach to examine the implementation process, identify enabling and constraining factors, and assess the impact of electronic land certificates on the quality of land services. Data were obtained through interviews, field observations, and document analysis at the Tulungagung Regency Land Office and analyzed using the interactive model proposed by Miles and Huberman. The findings indicate that electronic land certificates contribute significantly to improving service efficiency, administrative speed, and data security. Nonetheless, several challenges persist, including inadequate network infrastructure in rural areas, limited public digital literacy, and insufficient information technology personnel. Despite these constraints, the initiative has been positively received and reflects the local government’s commitment to advancing digital governance and good governance principles. The effectiveness of this transformation largely depends on institutional readiness, technological support, and community engagement.

Galuh Candra Utami; Sidi Ahyar Wiraguna

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid advancement of digital technology has fundamentally transformed civil legal interactions, making electronic documents such as instant messages, online transactions, and digital contracts primary forms of evidence in many civil disputes. However, their admissibility in judicial proceedings remains fraught with challenges concerning formal and material validity. This study aims to identify juridical and technical obstacles in digital evidence and to formulate an ideal model for civil procedural law that ensures reliable electronic proof. A normative-juridical approach with qualitative analysis was employed, combining doctrinal research through legislative review, jurisprudence, and scholarly literature with case studies of court decisions involving electronic evidence, particularly in divorce disputes. The findings reveal that inconsistent judicial treatment stems from the absence of specific procedural rules in Indonesia’s civil procedure framework still rooted in colonial-era HIR and RBg alongside limited digital infrastructure and low technological literacy among judicial actors. In response, the study proposes an integrated legal construction model featuring explicit provisions in the upcoming Civil Procedure Code, adoption of the functional equivalence principle, institutionalization of digital forensic experts in litigation, and procedural safeguards for vulnerable parties. The research concludes that only through holistic reform of the evidentiary paradigm can Indonesia’s civil justice system guarantee fairness, legal certainty, and relevance in the digital era.

Edwin Setiawan; Hartiwiningsih Hartiwiningsih

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The rapid development of information technology has significantly changed cybercrime, especially electronic document forgery. This re-search examines the utilization of digital forensics and information technology in proving the crime of electronic document forgery in In-donesia through a normative legal research approach. The research uses a statutory approach and a conceptual approach to analyze the ef-fectiveness of digital forensic methods in uncovering electronic crimes based on certain evaluation criteria including technical feasibility, legal acceptability, and procedural compliance with Indonesian law. The findings show that digital forensics has an important role in in-vestigating electronic document forgery, but faces complex implementation challenges. Key barriers include limited human resources, with only 147 certified digital forensics experts in Indonesia according to verified 2023 data from the Indonesian Digital Forensics Association (AFDI), and legal regulations that have not fully accommodated the evolving digital technology landscape. The research identifies signifi-cant technical barriers, such as the complexity of forensic technology, the volatility of digital evidence, and the rapid advancement of cyber-crime techniques. Through an examination of recent case studies including the Tokopedia data breach of 2023 and the Jakarta Administra-tive Court electronic document forgery case of 2022, this research demonstrates the practical application of digital forensics in Indonesian courts. The research proposes a balanced approach that fulfills both evidentiary and human rights protection requirements in digital inves-tigations. Strategic recommendations include strengthening the capacity of forensic laboratories, harmonizing legal regulations, and im-proving the competence of human resources in technology and law. This research contributes to the conceptual framework of cyber law enforcement by offering a comprehensive perspective on the evidentiary challenges of e-crime in the digital age.

Dicky Fachrul Ulum; Rusdianto Sesung

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

In maintaining the security of personal data in the digital era, it is very important to remember that personal data can be used by unauthorized parties for various purposes. This is like the notary profession which is now required to be able to maintain the security of each client's data. Notaries can participate in recording important digital documents, such as deeds and contracts, which can help prevent manipulation. Due to the problems that occur, of course the role of the notary in maintaining data security must be considered, especially in transactions and legal documents. Even though the digital world has changed the way many transactions are carried out, the role of notaries still plays an important role in ensuring the validity, integrity and security of digital documents. Notaries can witness and certify contracts and digital legal documents, making them legally valid. The aim of this research is to explain and analyze the role of notaries in maintaining the security of personal data in the digital era. The approach used in this research is a juridical-empirical approach. The results of this research are that the role of notaries in maintaining data security in the digital era has an important role in validating digital signatures. By verifying identity and ensuring that digital signatures are valid, notaries help ensure security in digital transactions. In addition, notaries can also provide digital certificates that confirm the validity of digital signatures and electronic documents. This certificate is a strong proof of authentication. This is proof that the Notary ensures that digital transactions comply with applicable laws, including data privacy regulations and cyber security regulations. This helps keep data secure.

Firman Nurdiyansyah Sunandar; Andri Herman Setiawan; Ahmad Juaeni; Johannes Triestanto

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The development of digitalization has brought significant changes in various aspects of life, including employment relations. One of the innovations that has emerged is the use of digital employment contracts as a replacement for paper-based contracts. Digital employment contracts offer flexibility and efficiency in modern employment relations. However, in Indonesia, legal regulations related to digital employment contracts still face major challenges, considering the absence of regulations that specifically accommodate this mechanism. Article 52 of Law No. 13 of 2003 concerning Manpower only regulates the requirements for the validity of an employment contract without mentioning the use of electronic documents, while Law No. 11 of 2008 concerning Information and Electronic Transactions (UU ITE) has recognized the validity of electronic documents. This study aims to analyze the regulation of digital employment contracts in Indonesia, compare them with regulations in other countries, and provide policy recommendations to ensure legal protection for workers in the digitalization era. The method used is a normative legal approach with comparative legal analysis of countries such as the European Union and the United States. The results of the study show that although digital employment contracts are legally valid in Indonesia, there are still legal gaps related to the protection of workers' rights, supervision of implementation, and protection of personal data. Therefore, it is necessary to update regulations that are adaptive to technological developments, including the integration of the principles of justice, legal certainty, and protection of workers' rights in digital employment contracts.

Edwin Setiawan; Hartiwiningsih Hartiwiningsih

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of information technology has brought significant changes, particularly in the area of cybercrime, such as electronic document forgery. This research explores the role of digital forensics and information technology in proving electronic document forgery crimes in Indonesia, using a normative legal research approach. The study employs both a statute approach and a conceptual approach to analyze the effectiveness of digital forensics in uncovering electronic crimes. The findings show that while digital forensics plays a crucial role in investigating electronic document forgery, there are several complex challenges in its implementation. One of the major obstacles is the limited number of certified digital forensic experts in Indonesia, with only 147 professionals qualified in this field. Additionally, the existing legal regulations have not kept pace with the rapid advancements in digital technology, which poses significant challenges to enforcement efforts. The study identifies various technical barriers, such as the complexity of forensic technologies, the volatile nature of digital evidence, and the ever-evolving techniques used by cybercriminals. These factors complicate the process of proving electronic crimes and pose difficulties for investigators. In response to these challenges, the research recommends strategic measures such as strengthening the capacity of forensic laboratories, harmonizing legal regulations with technological advancements, and improving the competency of human resources in both technological and legal fields. The study contributes to the development of a conceptual framework for cyber law enforcement, providing a comprehensive perspective on the challenges faced in proving electronic crimes in the digital age. The research aims to inform policymakers in crafting more effective and adaptive law enforcement strategies.

Ismaidar Ismaidar; Tamaulina Br Sembiring; Majidah Pohan

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

As a system, the law will run well when the system is connected and working actively. The practice of criminal acts of corruption that occurs in Indonesia is increasingly sophisticated, systematic and widespread at all levels of society which has an impact on the amount of state financial losses. Various statutory regulations have been attempted to eradicate corruption, namely Law Number 31 of 1999 jo. Law Number 20 of 2001 and the Government has even ratified several articles of the 2003 United Nations Convention Against Corruption (UNCAC) through Law Number 7 of 2006. However, to date it is still unable and effective to enforce it in eradicating corruption. The Corruption Eradication Commission (KPK) has a system for dealing with corruption cases, namely Operation Arrest (OTT). anywhere in Indonesia. The type of research applied is normative legal research with a normative juridical approach, namely research carried out based on library materials which are secondary data. Based on the results of the research, it can be stated that in the politics of criminal law in dealing with criminal acts of corruption based on penal and non-penal policies, it is no longer effective in eradicating criminal acts of corruption which are detrimental to the country's finances and economy and the Corruption Eradication Commission's policy, which is included in one of its policies, is carrying out Hand Catch Operations, namely tapping. Tapping is the activity of listening, recording, deflecting, changing, inhibiting and recording the transmission of electronic information or electronic documents, whether using communication cable networks or wireless networks, such as electromagnetic radiation or radio frequency, including examining packages, postal mail, correspondence and other documents. Apart from that, the legal politics of dealing with criminal acts of corruption through Operation Capture of Arms, including the lack of regulations regarding wiretapping and entrapment carried out by the Corruption Eradication Commission, is vulnerable to violations of Human Rights (HAM), especially regarding entrapment, because entrapment is not recognized by law or as a criminal act. corruption in Indonesia.

Junaedi Junaedi

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Gambling is not only prohibited by Islamic law but gambling is also prohibited by law. Online gambling in Indonesia has a widespread, deep and pervasive impact, like an octopus. The dangers of gambling grip various aspects of individual and societal life, creating complex and layered problems. From financial and mental health losses to family breakdown and increased crime.Online gambling is the act of gambling carried out online via a website or application that provides gambling content. Please note that online gambling is an act that is prohibited based on the provisions in Article 27 paragraph (2) of the ITE Law, namely that every person intentionally and without right distributes and/or transmits and/or makes accessible electronic information and/or electronic documents containing content. Gambling.The largest online gambling market in the world with gross online gambling revenue globally is estimated to reach US$102 billion or the equivalent of IDR 1,563.35 trillion in 2021 (exchange rate IDR 15,327/US$).The UK is recorded as the largest online gambling market in the world with revenues of US$12.48 billion, the United States (US) with revenues of US$10.96 billion, and Australia US$6.55 billion. Meanwhile, the largest online gambling players in Indonesia are in the West Java region, estimated at 535,644 people, with transactions of IDR 3.8 trillion, DKI Jakarta, with 238,568 players with transactions of IDR 2.3 trillion, Central Java has 201,963 players with transactions of IDR 1.3 trillion. Trillion, Banten 150,302 players with transactions of IDR 1.02 trillion, and East Java 135,227 players with transactions of IDR 1.05 trillion.The dangers of Gambling in terms of increased crime, many individuals are trapped in huge debts due to gambling which triggers and spurs them to turn to criminal acts such as theft, fraud, and even violence to earn money, creating an unsafe social environment.

Syaiful Bahri; Moh. Zeinudin; Miftahul Munir

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research is normative legal research that uses a normative judicial approach. The research results show that: (1) There are differences of opinion between judges, e-commers and notaries. regarding the strength of proof of a signature on an electronic document in proving civil procedural law in Indonesia. Judges and e-commers are of the opinion that electronic documents that have been signed with an electronic signature have the same evidentiary power as authentic deeds made by authorized officials, after the issuance of Law Number 11 of 2008 concerning Electronic Information and Transactions. Meanwhile, the notary is of the opinion that an electronic document signed with an electronic signature only has the power of proof under the hand, because it does not meet the requirements as an authentic deed, that is, it does not appear before an authorized official; and (2) Settlement of disputes resulting from non-fulfillment of the agreement can be resolved using a court or an institution outside the court, but e-comers generally use institutions outside the court because it is considered easier and faster to resolve and the costs are cheaper.The use of an electronic signature on an electronic document can guarantee the security of an electronic information message, which uses a public network, because electronic signatures are created based on asymmetric cryptography technology. From this research, there are differences of opinion regarding the evidentiary power of electronic documents signed with electronic signatures that are used as evidence in trials. The use of an electronic signature on an electronic document can guarantee the security of an electronic information message, which uses a public network, because electronic signatures are created based on asymmetric cryptography technology. From this research, there are differences of opinion regarding the evidentiary power of electronic documents signed with electronic signatures that are used as evidence in trials. Furthermore, electronic signatures need to be certified so that they have evidentiary power such as authentic deeds and there is no need to carry out digital forensic tests in the evidentiary process at trial.    

Tazkia Asshiva Maryam; Marsya Arviela Maharani; Tigor Akhmad Fahrezi; Andriyanto Adhi Nugroho

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This research aims to maximize the role of digital forensics in the discovery of electronic evidence and to understand the forms of accountability for online gambling offenders in Demak Regency. The method used in this research is normative juridical and descriptive-analytical. The findings from this research include the following: First, online gambling is a criminal act committed using electronic devices, thus requiring electronic data for its investigation. In this context, the role of digital forensics is essential to find and collect evidence to uncover online gambling cases in Demak Regency. The use of digital forensics in discovering electronic evidence in online gambling cases in Demak Regency can be conducted using the Integrated Digital Forensics Investigation Framework (IDFIF). This method consists of four stages: preparation, crime scene investigation, laboratory examination, and reporting. Second, the form of accountability for online gambling offenders is outlined in Article 27 paragraph (2) of Law No. 19/2016 on Amendments to Law No. 11/2008 on Electronic Information and Transactions. This article stipulates that any person who intentionally and without authority distributes or transmits electronic documents containing gambling content. The criminal penalties for violations of Article 27 paragraph (2) are specified in Article 45 paragraph (2) of Law No. 19/2016, which is a maximum imprisonment of 6 years and/or a maximum fine of Rp. 1,000,000,000.00.

Aida Jihannisa Haidar; Zakia Sofi Salsa Bela Laili

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

The recognition of electronic evidence as evidence that can be submitted to court and recognized as valid evidence has been carried out since 1977 through the Company Documents Law which stipulates that microfilm containing recorded documents of a company can be submitted as evidence in court if it arises in the future. lawsuit. According to the Company Documents Law, electronic document evidence is part of documentary evidence, whereas the Corruption Law clearly explains that electronic information and electronic documents are an extension of documentary evidence. Because electronic mail in the form of electronic information or electronic documents has been recognized as one of the valid pieces of evidence in special crimes outside the Criminal Code, in line with the legal evidence in Article 184 of the Criminal Procedure Code which is a new type of evidence, it is hoped that investigators, public prosecutors, advisors The law and judges have an understanding of this electronic evidence. In examining criminal cases, it is hoped that the judge will impose a sentence based on two valid pieces of evidence and the judge will be convinced that the defendant is guilty of committing a criminal act, then the judge must impose the maximum sentence according to the prosecutor's demands, so that the defendant will be deterred and the public's sense of justice will be fulfilled.  

Ni Luh Putu Sudarini; dewa gede pradnyana yustiawan

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Decision of the Constitutional Court Number 20/PUU-XIV/2016 states a lawsuit if civil procedural law applies to evidence. This is because there are differences in the law of proof with civil and criminal procedural law and considering the validity of evidence as a matter of procedural law also affects the legality of making documents, especially with electronic documents. Based on this description, the researcher makes several notes, especially regarding the certainty of an electronic contract law in Indonesia and the legality of e-contracts as evidence from a civil law point of view. The research results form the basis of legal certainty for electronic contracts in Indonesia based on article 5 of Law No. November 2008 concerning information and electronic transactions stipulated by the Constitutional Court Decision No. 20/PUU-XIV/2016, still based on the legality of electronic contracts used as evidence from a civil law perspective sourced from the decision of the Constitutional Court 20/PUU-XIV/2016 and provisions related to contracts in general are contained in the Civil Code.