You are here

BUKTI SURAT ELEKTRONIK ( E-MAIL ) SEBAGAI BARANG BUKTI PERKARA PIDANA MENURUT HUKUM PIDANA INDONESIA (Studi kasus di Pengadilan Negeri Bojonegoro)

ANDRIANTO PRABOWO
DOSEN FAKULTAS HUKUM
JL. Lettu Suyitno, No. 2, Kec. Bojonegoro
Email: andri.bjn@gmail.com

Abstract

Information technology and communication or we can called ICT gives some positive and negative impacts to the parties who use it. Positive impact generated is the number obtained ease of technology, while the negative impact of technological communication, among others, raises new crimes in the field of technology or conventional crime using technology equipment. Therefore, the results of crime technology or means to commit a crime that technology called electronic evidence that will affect the verification process due to the Criminal Procedure Code has not been set.
This study is a normative legal or normative juridical research, that conducted on legislation and legal materials related. As usually, the normative study conducted by the research literature, type of data is the data obtained from secondary and primary legal materials, secondary legal materials and tertiary legal materials. Data gathers method used is library research and obtained will be analyzed qualitatively.
The conclusion of this study is: Proof is one important part of the process of resolving criminal cases. Electronic mail (email) is part of the electronic document. Email as part of the electronic document can be used as electronic evidence. The fifth evidence set forth in Article 184, the email can be said to fall into the category of documentary evidence such as the Code of Criminal Procedure Article 187 is another letter. Position email as evidence can not stand alone, meaning that in order to be used as evidence that the email must be endorsed or supported by the existence of other evidence, for example, supported by witness testimony.

Keywords: email, electronic evidence

Documents: 

User login