PERLUASAN ALAT BUKTI ELEKTRONIK
DALAM HUKUM ACARA PIDANA INDONESIA
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Institusion
Universitas Pembangunan Nasional Veteran Jakarta
Author
Margareth Wilhelmina Pau, .
Subject
K Law (General)
Datestamp
2021-12-10 03:08:02
Abstract :
Defamation is increasingly common, especially on social media. However, positive laws about defamation often considered as "rubber articles" due to unclear provisions regarding matters that can be charged with this article. In addition, as a formal law in Indonesia, KUHAP does not yet regulate electronic evidence as a legal evidence. To answer this problem, the research method used is normative juridical using the statutory approach and the type of secondary data obtained by means of literature study. The results of the study indicate that matters that can be charged with a defamation article must fulfill the elements of defamation and the strength of electronic evidence as legal evidence that has been regulated in the ITE Law which is lex generalis. So it is necessary to conduct socialization for law enforcement officers and the public regarding the provisions clarity of the article on defamation.
Defamation is increasingly common, especially on social media. However, positive laws about defamation often considered as "rubber articles" due to unclear provisions regarding matters that can be charged with this article. In addition, as a formal law in Indonesia, KUHAP does not yet regulate electronic evidence as a legal evidence. To answer this problem, the research method used is normative juridical using the statutory approach and the type of secondary data obtained by means of literature study. The results of the study indicate that matters that can be charged with a defamation article must fulfill the elements of defamation and the strength of electronic evidence as legal evidence that has been regulated in the ITE Law which is lex generalis. So it is necessary to conduct socialization for law enforcement officers and the public regarding the provisions clarity of the article on defamation.
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