KEABSAHAN ALAT BUKTI DOKUMEN ELEKTRONIK DALAM PEMBUKTIAN HUKUM ACARA PERDATA

Annisa Pratiwi, NIM.: 17103040040 (2021) KEABSAHAN ALAT BUKTI DOKUMEN ELEKTRONIK DALAM PEMBUKTIAN HUKUM ACARA PERDATA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In the settlement of a court case, proof is the most important stage in the law of civil proceedings that aims to prove a truth that occurs in an event or a particular legal relationship. In the stage of proof there are several elements that play an important role, one of which is the elements of valid evidence in accordance with the provisions of Article 1866 of the Civil Procedure Law Book IV. Along with the development of the times and the technology of the evidentiary process is now known as evidence tools in the form of electronic documents. This electronic document proof tool is regulated in Law No. 19 of 2016 on Information and Electronic Transactions (called "ITE Law"). The purpose of this study is to describe and analyze: (1) what kind of electronic documents can be used as evidence in the legal evidence of civil proceedings; (2) the power of proof of electronic documents in the Civil Procedure Law and Law No. 19 of 2016 concerning Information and Electronic Transactions. In this study using the type of research library research (study library). The nature of this study is descriptively analytical. The research approach used in this study is a normative juridical approach by collecting data in the form of legislation and including several cases as research materials. Data collection techniques use library studies by collecting primary and secondary legal materials. Data analysis techniques use qualitative analysis methods and draw deductive conclusions. The theoretical framework used in this study is law enforcement theory, law enforcement theory within the scope of civil procedural law and evidentiary. The results concluded that: First, the form of use of electronic documents in accordance with the court's rulings, namely, a photocopy of proof of deposit slip from a bank account, photo printouts, printouts of conversation screenshots and the status of photos and soft files Copies of recordings (videos) and can be submitted and accepted in court if accessible, displayed, guaranteed integrity and can be accounted for in order to explain a certain circumstance in accordance with the provisions of Article 6 of Law No. 19 of 2016 on Information and Electronic Transactions. Second, the use of these electronic documents uses the power of free proof whose judgment and award is handed over to the judge. This electronic document is an extension of the evidence that has been regulated in the legislation and the power of proof of electronic documents can also be equated with the strength of the proof of writing (letter) but can also be disabled by the presence of evidence opponents. Keywords: Civil Procedural Law, Proof, Evidence, Electronic Documents

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