Digital Proofing as a Legal Reform in the Court

DOI

10.2991/978-2-38476-180-7_128How to use a DOI?

Keywords

Proof Tool; Legal Reform; Justice

Abstract

The 2010–2035 Court Update Blueprint outlines the Supreme Court’s goal of establishing a cutting-edge judicial system built on integrated information technology. Utilizing Electronic Justice (E-Court) has made it possible for the Supreme Court of Indonesia to fulfill its goal of becoming a preeminent Indonesian court. The use of electronic evidence tools is crucial to the field of justice because printed results, electronic papers, and/or electronic information are all acceptable forms of evidence that supplement the evidence found in Indonesia’s Law of Events. Legally speaking, Indonesia’s proof law—in this case, the event law—has not accepted electronic documents as proof, but a number of recent laws have regulated and accepted electronic evidence as a valid form of proof. The study intends to examine recent developments in the law concerning the use of evidence in court proceedings, as well as normative research models utilizing conceptual and philosophical frameworks. Source of the data are from primary legal materials secondary and third-tier legal material based on perspective normative, with qualitative analysis of jurisprudence based on interpretation, reasoning and legal argumentation. The study concludes that, among other things, the proof regulation, which was initially closed to open, has to be quickly changed in order to address the rapid advancement of information technology and remove obstacles to the use of electronic evidence instruments. Furthermore, it pertains to the regulation of evidence-gathering methods, which were initially controlled in a restrictive and sequential fashion in a single article. Eventually, these methods of evidence were regulated openly and independently in multiple articles, with the sole restriction being the specifications of these methods of evidence. As a result, the judge is no longer restricted to using the evidence that the law already mentions in order to review and conclude a case.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Nur Aida
AU  - Muhani Jibi
AU  - Fatimah Mursyid
PY  - 2023
DA  - 2023/12/31
TI  - Digital Proofing as a Legal Reform in the Court
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 1257
EP  - 1267
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_128
DO  - 10.2991/978-2-38476-180-7_128
ID  - Aida2023
ER  -