International Journal of Law, Environment, and Natural Resources

Application Of Electronic Evidence As Extension Of Legal Civil Evidence Divorce Cases In Indonesia

Fri, 05 Apr 2024 00:00:00 +0000

Electronic evidence serves as a crucial component in civil trials, such as divorce cases, offering comprehensive proof to sway judges and ensure justice and legal certainty for involved parties. Nonetheless, disagreement persists regarding its classification, whether as supplementary or primary evidence, posing significant questions within formal and material law. This study employs normative juridical legal research, which scrutinizes theories, concepts, legal principles, and statutory regulations pertinent to the subject. Under Article 5(1) of the ITE Law, electronic evidence, including electronic information, documents, and their printouts, is recognized as valid legal evidence, extending the scope of admissible evidence in Indonesia. Formal requirements for electronic evidence, or digital evidence, need not be in written form; printouts are considered presumptive or preliminary evidence. However, material requirements stipulate that digital evidence must guarantee authenticity, integrity, and availability, often necessitating testimony from digital forensic experts. This dual nature of electronic evidence highlights its importance and complexity in contemporary legal proceedings, demanding a nuanced understanding and application within the framework of Indonesian law.

Women's Representation To Establish Anti-Corruption In The Village Government Of Kotaraja, Hulu Sungai Utara

Lena Hanifah; Dadang Abdullah, Nor Ismah — Wed, 17 Apr 2024 00:00:00 +0000

The representation of women in village governance, particularly in the Village Consultative Body (BPD), is mandated by Law Number 6 of 2014 concerning Villages. Fulfillment of this mandate becomes a subject of debate when the role is merely symbolic to meet the quota of women in village governance. In this context, the method employed is qualitative analysis, utilizing a socio-legal approach that highlights the complexity of social and legal dynamics influencing women's representation in the Village Consultative Body. The role of female representatives is crucial in enhancing the welfare of rural communities, simultaneously contributing to the realization of a corruption-free village. Additionally, they possess a unique closeness and empathy towards the issues faced by women in their villages, enabling them to gain the trust of the community. Residents of Kota Raja Village also perceive female candidates as being corruption-free and capable of fulfilling their duties and responsibilities, thereby earning trust from their respective neighborhood associations (RT - Rukun Tetangga). This situation is evident in the increased representation of women in the governance of Kota Raja Village, especially in the Village Consultative Body. In the newly elected Village Consultative Body for the period 2023-2029, 50% of its members are women, up from 44%. This figure demonstrates the positive perception of Kota Raja Village residents regarding the importance of women's representation in village governance. However, doubts persist regarding whether women's representation is merely symbolic and whether it reflects sincere efforts to empower women in village governance. Nonetheless, this raises further questions about the skills of female representation in addressing the complex issues faced by rural communities.and application within the framework of Indonesian law.

Juridical Review Of Elections Dispute Settlement In Indonesia

Akhmad Zaki Yamani, Sunardi Sunardi, Hanafi Arief — Thu, 18 Apr 2024 00:00:00 +0000

The research on “Juridical Review of Election Dispute Resolution in Indonesia” aims to describe the mechanism of election dispute resolution in Indonesia, and analyze the current weaknesses of election dispute resolution in Indonesia. This is a normative legal research, which examines laws and regulations in an Indonesian legal system that are coherent with written legal values, especially those related to election dispute resolution in Indonesia. The results of the study state that election settlement mechanisms are important to protect the rights of citizens and help determine whether elections are truly a reflection of the will of their citizens, as well as for elections to be considered credible, voters and election contestants must have access to effective election dispute resolution mechanisms. independent, fair, accessible and effective. Weaknesses in the settlement of election disputes that have been carried out so far have not fulfilled a sense of justice because dispute resolution is carried out through the Constitutional Court based on Article 24 C paragraph (1) of the 1945 Constitution, whose authority is then elaborated in Article 10 paragraph (1) of Law (UU) Number 24 2003 concerning the Constitutional Court as amended by Law Number 8 of 2011 (UU MK). Dispute resolution through the Constitutional Court in Jakarta is felt to be very burdensome for election participants because it is not in accordance with the principle of a cheap, fast and efficient trial. Election dispute settlement, which has been carried out for a maximum of 7 (seven) days, begins with the stages of receiving reports, researching, clarifying, conducting studies, and making decisions. The very limited completion time, which is a maximum of 7 (seven) days, can create a sense of injustice for justice seekers, because this short process can lead to haste in the examination which in turn creates a feeling of insecurity.

Status of the Verbalish Witness Recognition to Violence Against Suspects as a Tool of Evidence

Faizal Rahman, Sunardi Sunardi, Hanafi Arief — Fri, 19 Apr 2024 00:00:00 +0000

In the examination of a criminal case trial requires several pieces of evidence as contained in the Criminal Procedure Code called KUHAP, such as: witness statements, expert statements, letters, instructions, and statements of the accused. Verbalized witnesses are not included in the KUHAP, but they often occur in criminal justice practices. This study aims to find out how the position of evidence in Indonesian criminal law and how verbal witness confessions can be used as evidence of criminal acts of mistreatment of suspects. This research is descriptive in nature, with a statutory approach, primary, secondary and tertiary legal materials and qualitative analysis is carried out systematically in order to obtain answers to problems, Witness statements are legal evidence as regulated in Article 184 paragraph (1) of Law Number 8 of 1981 concerning called KUHAP. A verbal witness is an investigative witness who is presented by a judge in a trial because the defendant withdraws the Minutes of Examination called BAP. The presence of this verbal witness was to prove the testimony of the defendant who said that during the investigation the defendant was under pressure or coercion.

Verbal witness statements can be used as a judge's consideration in accepting the reasons for revocation of the BAP carried out by the defendant and the judge's considerations in making a decision. Moreover, verbal witness testimony was taken in a trial.