ANALISA TENTANG LEGALITAS PERSIDANGAN PEMBUKTIAN MENURUT PASAL 25 PERMA NOMOR 1 TAHUN 2019 TENTANG ADMINISTRASI PERKARA DAN PERSIDANGAN DI PENGADILAN SECARA ELEKTRONIK

Abstract

The world has entered the Era of the Industrial Revolution, where
computerization and digitalization processes have occurred and have affected
almost all aspects of human life, including the legal system. This causes court
institutions to rely on technology to support the continuity of legal services to
justice seekers. This online trial applies to both criminal and civil cases. For civil
trials, use a special application called E-Court or E-Litigation.
The type of research used by researchers is normative legal research or
what is known as "legal research". Normative law research uses normative case
studies in the form of legal behavior products, for example studying laws. This
study examines the main issues in accordance with the scope and identification of
problems through a statutory approach (statute approach). The data collection
technique used in normative legal research is the library research method, namely
using the library as a means of collecting data, by studying books as reference
materials related to the problems to be studied.
The conclusions that can be obtained from the research results are First,
the arrangements for electronic evidentiary trials have been regulated in Supreme
Court Regulation Number 1 of 2019 concerning Case Administration and Trials
in Electronic Courts. As for other regulations, namely Law Number 11 of 2008 in
conjunction with Law Number 19 of 2016 concerning Information and Electronic
Transactions (ITE) related to the recognition of electronic documents which are
equivalent to documents made on paper still have the power of proof of electronic
documents in case practice Civil law is equated with the strength of written
evidence (letters). Second, written evidence contained in electronic evidence trials
when referring to article 1888 of the Civil Code can still be equated with the
strength of written evidence (letters) as long as the copies and quotations are in
accordance with the originals which can always be ordered to be shown.
Electronic devices and/or electronic documents are considered valid as long as
the information contained therein can be accessed, displayed, guaranteed for
integrity, and can be accounted for so that it can explain a situation.
Keywords: Trial, Evidence, Electronics