Legal Theory and Electronic Evidence in Indonesian Civil Procedure Law:An Analysis of Law No. 19 of 2016 as an Amendment to Information and Electronic Transactions Law

Abstract

The rapid development of information and communication technology has significantly transformed how society transacts, communicates, and resolves legal disputes. This digital transformation impacts the legal system, particularly regarding electronic evidence in civil procedural law in Indonesia. This study aims to analyze the implementation of electronic evidence in civil court practices following the enactment of Law No. 19 of 2016 on Information and Electronic Transactions (ITE Law). The study uses a normative juridical approach, analyzing existing regulations, such as the ITE Law and court rulings related to electronic evidence, as well as empirical analysis based on case law. The results of the study show that while electronic evidence is normatively recognized under the ITE Law, its application in court faces significant challenges, including the lack of technical standards and proper authentication procedures for electronic evidence. Many cases still rely on physical evidence, even when electronic evidence is legally recognized. This highlights the need for clearer guidelines and a more comprehensive legal framework for the verification and authentication of electronic evidence in the judiciary. The study recommends that the Supreme Court and the National Cyber and Crypto Agency (BSSN) urgently develop technical guidelines for the authentication of electronic evidence and enhance digital literacy among judicial officers. Additionally, strengthening certified electronic signatures and developing an integrated digital archive system will improve the process of handling electronic evidence. The research also calls for the rethinking of legal theories on evidence to adapt to the digital age.