PEMERIKSAAN ALAT BUKTI ELEKTRONIK DALAM PERSIDANGAN PERADILAN PERDATA MELALUI E-COURT

Abstract

The law must always be responsive to the dynamics that exist in people's lives. Therefore, law, including in this case trial procedural law, needs to adapt to developments and changes in society so that the aim of simple, fast and low-cost justice can be realized. As is known, until now, the civil procedural law used in the civil justice system is still based on the procedural law inherited from the Dutch East Indies, namely the Herziene Inlandsch Reglement (HIR), which applies to Java and Madura, and the Reglement voor de Buitengewesten (RBG), which applies to outside Java and Madua. However, in reality, many of the procedural laws inherited from the Dutch East Indies need to be adjusted to current conditions, so changes need to be made. There is one thing that the Supreme Court can quickly do to respond to the legal dynamics that occur in society's lives if the procedural legal norms that are still in force are deemed no longer relevant or need to be refined, namely by issuing Supreme Court Regulation Number 7 of 2022 concerning Amendments to Supreme Court Regulation Number 1 of 2019 concerning Electronic Administration of Cases and Trials in Court, an internal regulation that can fill gaps in procedural law (evidence). This research is normative legal research, namely research that focuses on the application of rules or norms in practical methods. This kind of normative legal study is carried out by examining various formal legal rules such as laws, procedures, literature with theoretical concepts. The research results show that the validity of electronic evidence must meet the requirements both formally and materially as evidence that can be declared valid and used in court. The validity of electronic evidence that will be presented before the trial will determine the level of validity of the evidence in the evidence before the trial, so that the electronic evidence can be said to be valid and not doubt the judge at the trial in the process of handing down decisions against the litigants.

Keywords: e-court, Perma, electronic evidence.