Kedudukan Alat Bukti Elektronik Dalam Sistem Hukum Pembuktian Perkara Perdata

Ningsih, Eka Sulastri (2020) Kedudukan Alat Bukti Elektronik Dalam Sistem Hukum Pembuktian Perkara Perdata. Other thesis, Universitas Islam Riau.

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Abstract

Proof is the presentation of legal proofs according to law by para parties who litigate with the judge in a trial, with a purpose to reinforce the truth of the argument about the legal facts that are the subject dispute, so that the judge obtains a basis for certainty to drop decision. In article 1 paragraph (4) of Law Number 11 Year 2008, electronic documents are any electronic information, which is created, sent, received, or stored in analog, digital, electromagnetic, optical form, or the like which can be seen, displayed and / or heard through computer or electronic system, including but not limited to writing, drawings, maps, designs, photographs or the like, letters, signs, numbers, access codes, symbols or perforations that have meanings or meanings that can be understood by people who are able to understand it. The main problem in this research is the Position of Evidence Electronics in the Civil Proof Legal System, How Application of Electronic Evidence in Settling Civil Cases. This study uses a problem approach that is the normative approach. This type of research is normative legal research with descriptive research type. The data used are primary data obtained through interviews and secondary data consisting of material primary law, secondary legal material and tertiary legal material. Collection Data is done by means of literature study, document study and field study. Data processing is done by means of data selection, data classification and systematize the data analyzed qualitatively. The results of research conducted by the author indicate that the position electronic documents have been recognized as legal evidence at court civil law in accordance with the Law on Company Documents and UUITE but as part of the procedural law, electronic documents do not yet have administrative arrangements how to submit it at the trial, how to apply it in the judge. The procedure for submitting and displaying electronic documents the trial can be answered through the development of court practice but to provide legal certainty it needs to be regulated in law Civil Procedure or compiled in the Supreme Court Regulations.

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