| dc.description.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. | en_US |
