Electronic Information as Evidence of Criminal Offense Under the Perspective of Law on Electronic Information and Transactions

Abstract

The enactment of Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law) creates a new emerging field of study of law in cyberspace. The presence of such latest breakthrough brings a change in the impact of law in terms of criminalization of dangerous acts in cyberspace. Evidence is one of the variables in the evidentiary system, and thus the development in the scope of civil law with the known and used electronic evidence in society, especially in the field of commerce and banking, may affect the evidentiary system. Internet impact on society is now making cultural changes around the globe and thus peope are currently no longer limited by the country’s territorial boundaries (borderless). The presence of internet with all the facilities and programs that go with it, such as e-mail, video chat, video conferencing, and websites has made global communication feasible as it is borderless. In the legal dispute taking place before the judge, each party competing legal claims are raised, debated and resolved. Judges may refer to expert statements to consider and assure the validity of the electronic evidence. Once the expert has declared that the evidence is valid, the judge can recognize that the evidence can be legally accounted for.