scholarly journals Pertimbangan Hakim Atas Penghadiran Bukti Digital Forensik dalam Perkara Kejahatan Fraud

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 448
Author(s):  
Wahdah Prasetya ◽  
Puti Priyana
Keyword(s):  
Digital Evidence ◽  
Forensic Evidence ◽  
Electronic Information ◽  
Electronic Documents ◽  
Legal Norms ◽  
Legal Evidence ◽  
Criminal Sanctions ◽  
Digital Forensic ◽  
Electronic Transactions ◽  
Article 5

The problems in this research are regulate digital forensic law in proving crime in Indonesia, judges consider the presence of digital forensic evidence in fraud crime. This research uses normative juridical approach, by examining and interpreting matters relating theoretical principles, conceptions, doctrines and legal norms relating to the presence of forensic digital evidence. The result showed that digital Forensic Arrangements in analyzing digital evidence in terms of proving criminal acts are not specifically regulated in the Criminal Procedure Code (KUHAP) because exceptions to electronic / digital evidence are regulated in the Information and Electronic Transaction (ITE) Act so that can be a legal basis for digital forensics. Law No. 11 of 2008 on Information and Electronic Transactions on Article 5 has been clearly stated that electronic information is a valid legal evidence in the form of electronic information and / or electronic documents and / or printout. The rise of data fraud requires a legal arrangement that is expected to be able to prevent and reduce these crimes. For this reason, it is important to elaborate legal arrangements for both implementation and criminal sanctions related to data fraud in Indonesia.

scholarly journals CULTURAL DEVELOPMENTS IN ELECTRONIC LAW ENFORCEMENT IN CRIMINAL ACTS OF THEORY IN INDONESIA

2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Yusep Mulyana
Keyword(s):  
Law Enforcement ◽  
Public Prosecutor ◽  
Electronic Information ◽  
Electronic Documents ◽  
Legal Evidence ◽  
Electronic Evidence ◽  
Electronic Transactions ◽  
The Law ◽  
Article 5 ◽  
Material Requirements

The culture of proving electronic evidence in law enforcement of criminal acts of terrorism in Indonesia is Law Number 11 of 2008 concerning Information and Electronic Transactions ("UU ITE") which provides a legal basis for the legal culture of electronic and formal evidence and material. requirements for electronic evidence to be accepted in court. Electronic Evidence is Electronic Information and/or Electronic Documents that meet the formal requirements and material requirements stipulated in the ITE Law. Article 5 paragraph (1) of the ITE Law stipulates that Electronic Information and/or Electronic Documents and/or their printouts are legal evidence. The implementation of the regulation of electronic evidence in law enforcement of criminal acts of terrorism in Indonesia is the use of evidence in the form of wiretapping and video recordings which were actually applied in the 2002 Bali Bombing Case. 1 of 2002 concerning the Eradication of Criminal Acts of Terrorism. Despite the controversy, the Public Prosecutor emphasized that the reading of the statements of witnesses from Malaysia and Singapore who were unable to attend the trial was legal because it was in accordance with the description of the evidence in the law. The same is regulated in the Law on Information and Electronic Transactions. Article 5 states that electronic information and/or printed electronic information are legal evidence and have legal consequences. Of course, electronic information is declared valid if it uses an electronic system in accordance with the applicable laws and regulations.

ANALISIS KEPASTIAN HUKUM ALAT BUKTI PADA PERJANJIAN ELEKTRONIK BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2017 ◽  
Vol 2 (1) ◽  
pp. 23-42
Author(s):  
Endeh Suhartini
Keyword(s):  
Economic Crime ◽  
Published Data ◽  
Legal Certainty ◽  
Electronic Documents ◽  
Legal Evidence ◽  
Positive Law ◽  
Use Of Technology ◽  
Electronic Transactions ◽  
Legal Writing ◽  
Article 5

The study, entitled "Analysis of Legal Certainty Evidence In the Treaty Electronics Based on Law No. 11 of 2008 on Information and Electronic Transactions" seeks to answer two formulation of the problem is how the legal certainty of evidence in the agreement electronically based on Law No. 11 Year 2008 on Information and Electronic transactions and the things that are prohibited in the use of Electronic technology is based on Law Number 11 Year 2008 on Information and Electronic transactions ?. The method used is the method of normative legal writing is a writing that examines the application of positive law within the society and protected by law, in addition to writing also uses the method of writing the empirical (sociological). From the studies undertaken are: Legal Certainty of evidence by the Treaty Electronics based on Article 5 of Law No. 11 of 2008 that the Electronic Information and Electronic Documents have legal certainty could be submitted as legal evidence for the interest of the parties in the event of disputes and can be brought to court if the interests require and prohibited the use of technology Electronic Transaction Agreement as provided for in Article 27 and 37 of Law. No. 11 of 2008 on Information and Electronic Transactions is to provide limits and reducing the legal problems that would be detrimental to the party where the effect of the transaction agreement that enabled it to be published data and information can be misused by unscrupulous people who do not responsible. Some of the problems that would be detrimental to them: The presence of Criminal Fraud, extortion, defamation, and the Economic Crime which would be detrimental to the parties as well as the problems of adverse privately and publicly.

scholarly journals KEBIJAKAN PERLUASAN ALAT BUKTI HUKUM ACARA PIDANADALAM UPAYA MEWUJUDKAN KEPASTIAN HUKUM BERKEADILAN

2018 ◽  
Vol 19 (2) ◽  
pp. 199
Author(s):  
Ani Triwati ◽  
A. Heru Nuswanto ◽  
Endah Pujiastuti
Keyword(s):  
Law Enforcement ◽  
Constitutional Court ◽  
Electronic Document ◽  
Legal Certainty ◽  
Electronic Information ◽  
Electronic Documents ◽  
Procedural Law ◽  
Electronic Transactions ◽  
Witness Statements ◽  
Article 5

<em>One of the renewal of legal instruments in criminal procedural law is the expansion of evidence ie electronic information and / or electronic document and / or its printed outcome. Arrangement of evidence in criminal procedural law in Indonesia pursuant to Article 184 KUHAP, Article 5 paragraph (1) and (2) and Article 44 letter of Information and Electronic Transaction Act, covering witness statements, expert information, letters, instructions, defendants, electronic information and / or electronic documents and / or prints. The decision of the Constitutional Court Number 20 / PUU-XIV / 2016 that for electronic information and / or electronic document as evidence is done in the framework of law enforcement at the request of the police, prosecutor and / or other law enforcement institutions determined by law. Electronic information and / or electronic documents as evidence must be obtained in accordance with the provisions of Article 31 paragraph (3) of the Information and Electronic Transactions Act, this relates to the value of legal certainty and the value of justice for the litigant</em>

scholarly journals POSITION OF THE DIGITAL EVIDENCE BASED ON ARTICLE 184 & 185 CRIMINAL PROCEDURE CODE IN CYBER CRIMINAL INVESTIGATION IN THE COURT

2017 ◽  
Vol 6 (2) ◽  
Author(s):  
Arie Febrianto
Keyword(s):  
Legal Theory ◽  
Criminal Procedure ◽  
Modern Society ◽  
Digital Evidence ◽  
Cyber Crime ◽  
Electronic Information ◽  
Procedure Code ◽  
Electronic Transactions ◽  
The Law ◽  
Article 5

<p>Law made by government and cooperation with legislator to establish order  and regularity also peace in public .Basically every law made by legislators is the answer to the question of public law at the time of the establishment of the law. The legal developments must be in line with the development of society, so that when people change or grow then the law should be changed to arrange all the developments taking place in an orderly manner in the growth of modern society, because globalization has been the driver of the birth of the Information Technology era.</p><p>        In cyber crime cases, knowing the position of digital evidence in cases of cyber crime. The theory used in this research is a progressive legal theory with empirical juridical methods using qualitative data analysis, kind of his research is a descriptive study. The conclusion of this study, System proofs and evidences under Article 184 and 185 Criminal Procedure Code evidence of unconventional tools such as witness testimony and expert witnesses, as well as letters and instructions shift from conventional towards electronic will be able to ensnare cybercriminals. Law No. 11 of 2008 on Information and Electronic Transactions on Article 5 has been clearly stated that electronic information is a valid legal evidence in the form of electronic information and / or electronic documents and / or printout. </p>

scholarly journals Sanksi Pidana terhadap Para Pemasang dan Promosi Iklan Bermuatan Konten Judi Online

2021 ◽  
Vol 2 (1) ◽  
pp. 156-160
Author(s):  
Pande Putu Rastika Paramartha ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Putu Gede Seputra
Keyword(s):  
Research Method ◽  
Online Gambling ◽  
Electronic Information ◽  
Electronic Documents ◽  
Criminal Sanctions ◽  
Electronic Transactions ◽  
Criminal Penalties ◽  
Advertising And Promotion

Online gambling is a phenomenon that cannot be denied and is found in the community. In promoting online gambling, site owners usually advertise their online gambling sites to internet. Because this is the dissemination and development of online gambling sites is growing rapidly. From the above background, the problem can be formulated as follows: How is the regulation of criminal sanctions against the installer and promotion of online gambling advertisements and What are the criminal sanctions against the installer and promotion of online gambling advertisements The research method used is the type of normative research that is the type of research by conducting its assessment based on legal materials from the prevailing literature and legislation. The legal arrangements for advertisers and promotions of online gambling are regulated in Law Number 11 of 2008 concerning Electronic Information and Transactions in article 27 paragraph 2 which reads: "Everyone intentionally and without rights distributes and or electronic documents containing gambling "Criminal sanctions against advertising and promotion of online gambling advertisements are regulated in article 45 paragraph 1 of Act Number 11 of 2008 concerning Information and Electronic Transactions, namely criminal penalties with a maximum of 6 (six) years and or a maximum fine of Rp.1,000,000,000.00 . (one billion rupiah).

scholarly journals Peranan Alat Bukti Elektronik dalam Tindak Pidana Pencemaran Nama Baik

2021 ◽  
Vol 2 (2) ◽  
pp. 422-428
Author(s):  
I Putu Angga Permana ◽  
I Made Arjaya ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Online Media ◽  
Criminal Cases ◽  
Criminal Offense ◽  
Electronic Documents ◽  
Legal Evidence ◽  
Electronic Transactions ◽  
The Law ◽  
Legal Proof ◽  
Article 5 ◽  
Trial Evidence

This study is included in the category of empirical legal research carried out to fulfill the following objectives, 1) Assessing the rules related to criminal act of defamation in the Information and Electronic Transactions Law, 2) Examining the process of legal proof in criminal act of defamation under the Law of Information and Electronic Transactions. From the results of data analysis, it can be concluded that along with the increasing number of criminal cases through online media, the enforcement of electronic documents as legal evidence becomes very important due to the absence of physical evidence. The rules regarding the criminal act of defamation are included in the "Law. No.11 / 2008 article 5 paragraph (1) and (2) on Information and Electronic Transactions "where the presence of this new law is an enlightenment related to online criminal cases (cybercrime). Then, it was also found that only if the use of trial evidence was in accordance with the existing regulations in Indonesia, then proof of a criminal act, especially defamation, could be said to be legitimate. Substantially, defamation is classified as a criminal offense, so it is necessary to have a way of proof if the case occurred is not physically but through online media (Cybercrime).

Forensic Data Extraction and Analysis of Left Artifacts on emulated Android Phones: A Case Study of Instant Messaging Applications

2017 ◽  
Vol 2 (11) ◽  
pp. 8-16
Author(s):  
Moses Ashawa ◽  
Innocent Ogwuche
Keyword(s):  
Mobile Phones ◽  
Instant Messaging ◽  
Data Extraction ◽  
Digital Evidence ◽  
Cyber Attack ◽  
Forensic Evidence ◽  
Digital Forensic ◽  
Proportional Increase ◽  
Forensic Tools

The fast-growing nature of instant messaging applications usage on Android mobile devices brought about a proportional increase on the number of cyber-attack vectors that could be perpetrated on them. Android mobile phones store significant amount of information in the various memory partitions when Instant Messaging (IM) applications (WhatsApp, Skype, and Facebook) are executed on them. As a result of the enormous crimes committed using instant messaging applications, and the amount of electronic based traces of evidence that can be retrieved from the suspect’s device where an investigation could convict or refute a person in the court of law and as such, mobile phones have become a vulnerable ground for digital evidence mining. This paper aims at using forensic tools to extract and analyse left artefacts digital evidence from IM applications on Android phones using android studio as the virtual machine. Digital forensic investigation methodology by Bill Nelson was applied during this research. Some of the key results obtained showed how digital forensic evidence such as call logs, contacts numbers, sent/retrieved messages, and images can be mined from simulated android phones when running these applications. These artefacts can be used in the court of law as evidence during cybercrime investigation.

scholarly journals ANALISIS TINDAK PIDANA PENGANCAMAN MELALUI PESAN SINGKAT

2019 ◽  
Vol 22 (1) ◽  
pp. 45-52
Author(s):  
Andi Irriana D Sulolipu
Keyword(s):  
Short Message Service ◽  
Criminal Code ◽  
Short Message ◽  
Documentary Evidence ◽  
Electronic Information ◽  
Criminal Offense ◽  
Electronic Documents ◽  
Legal Evidence ◽  
Message Service ◽  
Witness Statements

Proof of criminal offense through short message service based on at least 2 evidences plus judge's confidence. Legal evidence can be in the form of witness statements, expert information, letters, instructions and explanations of defendants and information / electronic documents as an extension of evidence in the provisions of the ITE Law, while the print is an extension of documentary evidence in the Criminal Code. Therefore, the elements to be met, ie intentionally, without rights, transmit, the object of Electronic Information and / or electronic documents containing threats of violence or intimidating personally addressed. AbstrakBukti tindak pidana melalui layanan pesan singkat berdasarkan setidaknya 2 bukti ditambah keyakinan hakim. Bukti hukum dapat berupa pernyataan saksi, informasi ahli, surat, instruksi dan penjelasan terdakwa dan informasi / dokumen elektronik sebagai perpanjangan bukti dalam ketentuan UU ITE, sedangkan cetakan adalah perpanjangan dari bukti dokumenter dalam Kode kriminal. Oleh karena itu, unsur-unsur yang harus dipenuhi, yaitu sengaja, tanpa hak, mentransmisikan, objek Informasi Elektronik dan / atau dokumen elektronik yang mengandung ancaman kekerasan atau intimidasi yang ditujukan secara pribadi.

A New Digital Evidence Retrieval Model For Gambling Machine Forensic Investigation

2012 ◽  
Author(s):  
Pritheega Magalingam ◽  
Azizah Abdul Manaf ◽  
Zuraimi Yahya ◽  
Rabiah Ahmad
Keyword(s):  
Forensic Analysis ◽  
Digital Evidence ◽  
Retrieval Model ◽  
Forensic Investigation ◽  
Forensic Evidence ◽  
Retrieval Method ◽  
Illegal Gambling ◽  
Digital Forensic ◽  
Evidence Analysis ◽  
Gaming Machine

Analisis forensik perkakasan melibatkan proses menganalisa data yang di perolehi secara elektronik untuk menunjukkan bukti sama ada peralatan elektronik adalah digunakan untuk melakukan jenayah, mengandungi bukti jenayah atau ia adalah satu sasaran jenayah. Penyalahgunaan mesin permainan merupakan sumber utama permainan haram dijalankan. Kerja penyelidikan ini memperkenalkan kaedah mendapatkan maklumat dari satu mesin permainan yang telah dirampas oleh PDRM dan menganalisis data yang diterjemahkan untuk membuktikan bahawa mesin permainan tersebut digunakan secara haram. Prosedur mendapatkan bukti digital ini dibina untuk membantu pihak polis atau penyiasat dalam penganalisaan maklumat digital dan ia boleh dijadikan sebagai satu garis panduan untuk mengenalpasti bukti yang relevan untuk menunjukan aktiviti perjudian haram dijalankan. Kata kunci: Forensik digital, analisis forensik, mesin judi, kaedah pengambilan informasi, penterjemahan, pencarian kata Hardware forensic analysis involves the process of analyzing digital evidence derived from digital sources. The analysis is done to facilitate and prove either the device is used to commit crime, whether it contains evidence of a crime or is the target of a crime. Gambling machines serve as the main source by which illegal games are conducted. This paper presents a method for retrieving information from a seized gaming machine, along with an analysis of the interpreted information to prove that the gaming machine was used illegally. The proposed procedures for the gambling machine forensic process will be important for forensic investigators (e.g., the police or private investigators), as they will assist these individuals in the digital forensic evidence analysis necessary to produce evidence relevant to illegal gambling. Key words: digital forensic, forensic analysis, gambling machine, information retrieval method, interpretation, string search

scholarly journals Law Enforcement of Criminal Defamation Through Electronic Media

Lentera Hukum ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 263
Author(s):  
Septavela Gusti Putri ◽  
Echwan Irianto ◽  
Dodik Prihatin AN
Keyword(s):  
Law Enforcement ◽  
Electronic Media ◽  
Legal Rights ◽  
Legal Person ◽  
Electronic Information ◽  
Electronic Documents ◽  
The Public ◽  
Detailed Explanation ◽  
Electronic Transactions ◽  
The Right

Defamation through Electronic Media as regulated in Article 27 paragraph (3) of Law No. 19 of 2016 on amendments to Law No. 11 of 2008 on Information and Electronic Transactions does not explain in detail the elements of "insulting content and/or defamation;” therefore, the understanding of this term is subjective to the victim. Article 27 also includes the phrase "no rights," suggesting that victims' legal rights in response to defamation are limited. Even so, the Information and Electronic Transactions Law (ITE Law - Undang-Undang Informasi dan Transaksi Elektronik) itself does not provide a detailed explanation of these elements. The results found in this study are an objective criteria to assess whether electronic information or electronic documents which can be qualified as defaming. This study argues that defamation occurs if: (a) information or documents are built based on the clarity of the insulted person's identity; (b) the purpose of words is deemed insulting; (c) defamation is addressed to natural person or legal person (d) the content and context of each case, and (e) the allegations. In addition,  a person is said to have the right to commit criminal defamation if carried out in the public interest and by being forced to defend himself. Keywords: Criminal Defamation, Electronic Media, Indonesia

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