The Position of Electronic Evidence in the Police Investigation Process Based on the Criminal Procedure Code and Law Number 1 of 2024 Concerning ITE
DOI:
https://doi.org/10.51601/ijse.v6i1.376Abstract
The development of information technology has brought significant changes to modern crime patterns, which are increasingly committed through electronic media and leave digital traces. This situation demands adjustments to the criminal evidence system, particularly regarding electronic evidence. The Criminal Procedure Code (KUHAP), as the main criminal procedure law in Indonesia, does not specifically regulate the existence of electronic evidence, thus creating a normative vacuum in investigative practice. However, Law Number 1 of 2024 concerning Electronic Information and Transactions (UU ITE) is present as a lex specialis regulation that fully legitimizes electronic information and/or electronic documents as valid legal evidence and has the same evidentiary force as written evidence. This article aims to analyze the position of electronic evidence in the police investigation process through a normative juridical approach by examining the Criminal Procedure Code, the UU ITE, and law enforcement practices in the field. The results of the study indicate that electronic evidence plays a strategic role in uncovering crimes, especially digital-based crimes. However, its implementation still faces technical obstacles, data validity, limited human resources, and differences in interpretation among law enforcement agencies. Therefore, it is necessary to harmonize regulations, increase the capacity of investigators, and strengthen digital forensic infrastructure so that the use of electronic evidence can be more effective and accountable in the criminal evidence process.
Downloads
References
[1] Abrian, Surya, Teguh Pahlawan, Authentication Proof, Evidence Analysis, and A Introduction. “Volume 6 Issue 3 Years 2025 E-ISSN : 2745-8369 Pages 708-719” 6, no. 3 (2025): 708–19.
[2] Premeditated Murder. “No Title,” 2023.
[3] Evidence, Tools, Electronic Information, Fraud, and Online Crimes in “IUS Journal of Law and Justice Studies” 9, no. 1 (2021).
[4] Faculty of Law, Sjakhyakirti University. “In Criminal Procedure Law Electronic Evidence As An Admissible Evidence In Criminal Law,” 2017, 463–84.
[5] Ilham, Muhamad, Agus Salim, Master of Science, Law Program, Christian University, Indonesia Paulus, Master of Science, Law Program, Christian University, and Indonesia Paulus. “In The Process Of Proof According To The Law” 3 (nd): 1–13.
[6] Khatimah, Husnul, Sonia Winda Khairani, Dimas Ardiansyah, and Fauziah Lubis. “Legal Analysis of Electronic Evidence as Evidence in Civil Procedure Examination,” no. April (2025).
[7] Law, Andrew, Andrew Law, Rica Regina Novianty, Dedy Saputra, and Hetty Ismainar. “Andrew Law” 4 (2025).
[8] No., Vol., In Case, and Legal Justice. “Progressive Law Journal” 7, no. 6 (2024): 106–11.
[9] Pid, K. “Perpetrator Of The Criminal Act Of Prepared Murder (Analysis Of Decision No. 813,” no. 813 (2024).
[10] Pribadi, Insan. “Legality of Electronic Evidence in the Criminal Justice System,” nd, 109–24.
[11] Review, Law, Volume NO April, and Evidence in Criminal Cases. “Gorontalo” 5, no. 1 (2022): 179–89.
[12] Safrin, Mohammad. “The Position of Electronic Evidence in Proving Criminal Acts” 5, no. 2 (2023): 1207–14. https://doi.org/10.37680/almanhaj.v5i2.2878.
[13] Sucia, Yossiramah, and Meissy Putri Deswari. “Electronic Evidence in the Justice System: Understanding Its Role and Validity” 4 (2024): 13729–41.
[14] Udayana, Faculty of Law. “The Position of Electronic Evidence in the Criminal Evidence System in Indonesia” 10, no. 5 (nd).
[15] Vernandhie, Dhanar Dhono, National Police, Republic of Indonesia, and South Jakarta. “Information Technology As Evidence In Investigation Of Traffic Accident Criminal Acts At Polda Metro Jaya Resort” 10, no. 2 (2022): 141–52.
[16] Abrian, Surya, Teguh Pahlawan, Authentication Proof, Evidence Analysis, and A Introduction. “Volume 6 Issue 3 Years 2025 E-ISSN : 2745-8369 Pages 708-719” 6, no. 3 (2025): 708–19.
[17] Premeditated Murder. “No Title,” 2023.
[18] Evidence, Tools, Electronic Information, Fraud, and Online Crimes in “IUS Journal of Law and Justice Studies” 9, no. 1 (2021).
[19] Faculty of Law, Sjakhyakirti University. “In Criminal Procedure Law Electronic Evidence As An Admissible Evidence In Criminal Law,” 2017, 463–84.
[20] Ilham, Muhamad, Agus Salim, Master of Science, Law Program, Christian University, Indonesia Paulus, Master of Science, Law Program, Christian University, and Indonesia Paulus. “IN THE PROCESS OF PROOF ACCORDING TO THE LAW” 3 (nd): 1–13.
[21] Khatimah, Husnul, Sonia Winda Khairani, Dimas Ardiansyah, and Fauziah Lubis. “Legal Analysis of Electronic Evidence as Evidence in Civil Procedure Examination,” no. April (2025).
[22] Law, Andrew, Andrew Law, Rica Regina Novianty, Dedy Saputra, and Hetty Ismainar. “Andrew Law” 4 (2025).
[23] No., Vol., In Case, and Legal Justice. “Progressive Law Journal” 7, no. 6 (2024): 106–11.
[24] Pid, K. “Perpetrator Of The Criminal Act Of Prepared Murder (Analysis Of Decision No. 813,” no. 813 (2024).
[25] Pribadi, Insan. “Legality of Electronic Evidence in the Criminal Justice System,” nd, 109–24.
[26] Review, Law, Volume NO April, and Evidence in Criminal Cases. “Gorontalo” 5, no. 1 (2022): 179–89.
[27] Safrin, Mohammad. “The Position of Electronic Evidence in Proving Criminal Acts” 5, no. 2 (2023): 1207–14. https://doi.org/10.37680/almanhaj.v5i2.2878.
[28] Sucia, Yossiramah, and Meissy Putri Deswari. “Electronic Evidence in the Justice System: Understanding Its Role and Validity” 4 (2024): 13729–41.
[29] Udayana, Faculty of Law. “The Position of Electronic Evidence in the Criminal Evidence System in Indonesia” 10, no. 5 (nd).
[30] Vernandhie, Dhanar Dhono, National Police, Republic of Indonesia, and South Jakarta. “Information Technology As Evidence In Investigation Of Traffic Accident Criminal Acts At Polda Metro Jaya Resort” 10, no. 2 (2022): 141–52.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2026 Welfriede Siregar, Ahmad Ansyari Siregar, Nimrot Siahaan
This work is licensed under a Creative Commons Attribution 4.0 International License.
