ANALISIS URGENSI PEMERIKSAAN DIGITAL FORENSIK PADA PERSIDANGAN TINDAK PIDANA INFORMASI DAN TRANSAKSI ELEKTRONIK PERKARA MELANGGAR KESUSILAAN DAN RELEVANSINYA DENGAN PERTIMBANGAN HUKUM HAKIM DALAM MENJATUHKAN PUTUSAN

Abstract

In handling crime cases with the use of technology information often
requires forensics. Forensics is an activity for conduct investigations and
establish facts related to criminal incidents and other legal matters. Forensic
analysis is an important step in computer crime, especially when it comes to
bringing it into court.
The type of research used is normative juridical research. In this research,
the researcher discusses the level of legal synchronization, which aims to reveal
the extent to which certain laws are compatible vertically or horizontally.
The conclusions that can be obtained from the results of the study are
First, Digital Forensics Legal Arrangements in the Criminal Evidence System in
Indonesia are not specifically regulated in laws and regulations. However, Article
5 paragraph (1) of Law Number 11 of 2008 in conjunction with Law Number 19
of 2016 concerning Information and Electronic Technology (ITE) contains a form
of expansion of evidence outside Article 184 of the Criminal Procedure Code.
Where in the law it is recognized that Electronic Information and/or Electronic
Documents and/or their printouts are legal evidence. Where in article 5
paragraph (2) of the Law on Information and Electronic Transactions it is
clarified that the evidence referred to in paragraph (1) is an extension of legal
evidence in accordance with the applicable procedural law. Second, the Role of
Digital Forensics in Information and Electronic Transaction (ITE) Crime Trials
in Cases Violating Morality and Its Relevance With Judges' Legal Considerations
in Making Decisions, namely in examining digital forensic evidence, applying
principles, it is important that the process takes place in accordance with the law.
applicable and the basic principles can be applied properly. Digital Forensic
Clarification is also divided based on the physical.
Keywords: Examination, Digital Forensics, Morality, Legal Consideration,

Judge.