Ilham, Muhamad Hafidin (2023) Analisa Yuridis Kedudukan Dokumen Elektronik Sebagai Alat Bukti dalam Sistem Pembuktian Perdata. Masters thesis, Program Pascasarjana Universitas Merdeka Malang.

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Abstract

An electronic evidence must meet the material requirements and formal requirements in order to be used in the trial process. The material requirements of electronic evidence relate to the substance and procedural side of obtaining the evidence. In substance, electronic evidence must be accessible, displayed, guaranteed integrity, and accountable so as to explain a situation. Another material requirement is that an electronic evidence must also use an electronic system in accordance with the provisions regulated in Law Number 11 of 2008 concerning Electronic Information and Transactions as amended by Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law). Meanwhile, the requirement for electronic evidence is that the electronic evidence is not a document or letter that according to the law must be in written form. If it is found that a party has submitted an electronic document in written form, then the judge must reject it, until the submitting party is able to present authentic letter evidence, but this is not a significant problem because it has been accommodated as explained in Article 5
paragraph (1) of the ITE Law states that the existence of electronic information and/or electronic documents is binding and recognized as valid evidence to provide legal certainty of the implementation of electronic systems and electronic transactions, especially in evidence and matters related to legal acts carried out through electronic systems. Proof in civil cases is formal, so the evidence of a letter is essential, referring to the provisions of Article 1867 of the Civil Code, it is stated that proof is with authentic writing or with writing under the hand. Documents and electronic mail, and so on which are digital traces can be a proof of mail because currently in any activity has carried the concept of paperless, electronic documents and / or electronic mail become an important and vital.

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