Digital Proofing as a Legal Reform in the Court Nur Aida, Muhani Jibi, Fatimah Mursyid
Universitas Islam Jakarta
Abstract
The Supreme Court^s vision in the 2010-2035 Court Update Blueprint is to create a modern judicial body based on integrated information technology. The application of Electronic Justice (E-Court) has helped to realize the vision of the Supreme Court of Indonesia to become a great Indonesian judicial body. For the world of justice, the position of electronic evidence tools is very important, because electronic information and/or electronic documents and / or printed results are legitimate evidence tools, which is an extension of the evidence in the Law of Events applicable in Indonesia.
Juridically, the proof law in Indonesia (in this case the event law) has not accommodated electronic documents as a means of evidence, while several new laws have regulated and recognized electronic evidence as a legitimate means of proof.
The research aims to analyze legal updates related to evidence tools in the trial process, types of normative research with philosophical and conceptual approaches. Source of the data are from primary legal materials secondary and third-tier legal material based on perspective normative, with qualitative analysis of jurisprudence based on interpretation, reasoning and legal argumentation. The research finds that reforms to some legal regulations are urgently needed to respond to the development of information technology and to resolve barriers to the application of electronic evidence tools, among other things concerning the regulation on proof which is originally closed to open. In addition, it also relates to the regulation of the means of evidence originally regulated in a limitative and sequential manner in one article, becoming regulated openly and separately in several separate articles, and only providing the limitations and requirements of such tools of evidence. Thus, the judge is no longer bound by the means of evidence already mentioned in the law only to examine and terminate a case.
