Kedudukan Bukti Elektronik Untuk Membangun Keyakinan Hakim Dalam Perkara Tindak Pidana Umum (Studi Kasus Perkara Pembunuhan Berencana Atas Nama Jessica Kumala Wongso

Abstract

Judge in the decision of the Central Jakarta District Court No. 777/Pid.B/ 2016/PN.JKT.PST in conjunction with the Jakarta High Court Decision No. 393/PID/2016/PT.DKI jo the Supreme Court Decision No. 498 K/PID/2017 believes that the death of the victim of a crime is based on poison that enters his body through coffee. This is based on evidence presented in court, including CCTV. Therefore, it is necessary to study the legal rules of electronic evidence in criminal procedural law in Indonesia, the power of proof of electronic evidence in criminal procedural law in Indonesia and the position of electronic evidence to build the conviction of judges in general criminal cases, specifically premeditated murder on behalf of the convict Jessica Kumala Wongso. This research is a normative and descriptive analytical study that describes and analyzes a phenomenon related to the Position of Electronic Evidence to Build Judges' Conviction in General Crime Cases (Case Study of Planned Murder Cases on behalf of Jessica Kumala Wongso). The results of the study, the legal rules for electronic evidence in criminal procedural law in Indonesia are not contained or included in the Criminal Procedure Code, but are contained in several regulations that regulate specific crimes, namely: Article 5 of Law No. 11 of 2008, Article 41 of Law no. 36 of 1999, Article 26 A of Law no. 20 of 2001, Article 44 paragraph (2) of Law No. 30 of 2002, Article 27 of Law no. 15 of 2003, Article 29 of Law no. 21 of 2007, Article 24 of Law no. 44 of 2008, Article 96 letter f of Law no. 32 of 2009, Article 86 paragraph (2) of Law no. 35 of 2009, Article 73 letter b of Law No. 8 of 2010 and Article 38 of Law no. 9 of 2013. The power of proof of electronic evidence in criminal procedural law in Indonesia is that of having the power of independent evidence where an assessment of the strength of electronic evidence in relation to a criminal incident must pay attention to the authenticity of the evidence. The position of electronic evidence to build judges' conviction in general criminal cases, especially premeditated murder on behalf of the convict Jessica Kumala Wongso as evidence or indirect evidence that has a relationship in the form of conformity between evidence and criminal events. The executive branch should make changes to the Criminal Procedure Code first by including electronic evidence as a part of the evidence in the Criminal Procedure Code before the new regulations are issued. Legal institutions, both the Supreme Court, Attorney General's Office, the Indonesian National Police, Advocates and Academics, should formulate in depth the strength of evidence from electronic evidence in order to find an understanding or agreement so that the evidence has more binding power and does not have free power depending on the judge's judgment. An implementing regulation should be established which contains regulations regarding the conformity of electronic evidence with the criminal events that have occurred so that there is no need for legal interpretation.