scholarly journals The Use of Electronic Medical Records as Evidence in the Criminal Process in Indonesia

Author(s):  
Anny Retnowati

Objective - This article deals with the prospective use of electronic medical records as instruments of evidence in criminal procedural law in Indonesia. In particular, this article concerns the usefulness of these records in criminal cases. Methodology/Technique - This article applies doctrinal research involving a consideration of the relevant legal norms. Hence, a qualitative method is used to analysis the relevant data. Findings - The study suggests the legal basis in article 184 of the KUHAP should be revised by adding electronic evidence so that the use of electronic medical records can be used as evidence in the criminal process in Indonesia. Novelty - The study tries to provide ways to enhance the evidencing in criminal process. Type of Paper - Empirical Keywords: Electronic Medical Record; Criminal Process; Evidence; Indonesia. JEL Classification: K14, O33.

2018 ◽  
Vol 5 (2) ◽  
pp. 125-130
Author(s):  
V S Shadrin

The article explains the recognition of the criminal procedure law as the only source of criminal procedural law, examines the content of legal regulation in criminal cases as part of legal norms, legal relations and individual requirements, demonstrates how the model of criminal proceedings, fixed in the criminal procedure law, turns into a real criminal -process law.


Ius Poenale ◽  
2021 ◽  
Vol 2 (1) ◽  
pp. 31-44
Author(s):  
Dwi Retno Wulandari

This research aimed to analyze the position of electronic medical records and as evidence in court. The research method uses a normative juridical approach. To obtain an overview of electronic medical records as evidence in court, the legal materials collected are qualitative data. Any electronic evidence can be used as evidence if it meets formal and material requirements, as regulated in Article 5 paragraph (4) of Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law). Electronic medical records have an essential role in health services and law enforcement efforts as evidence. Based on this, the main problem is the position of electronic medical records as valid evidence in court. The results show that the position of electronic medical records as evidence in court can be valid evidence following Article 184 of the Criminal Procedure Code (KUHAP), The Ministry of Health Regulation 269/2008 Articles 5 and 1, Article 51 of Government Regulation No. 71 Years. As evidence, electronic medical records do not have binding evidentiary power but rather have independent evidentiary value, namely, proof determined by the judge's conviction without being limited by law.


2019 ◽  
Vol 1 (1) ◽  
pp. 33-46
Author(s):  
Pandoe Pramoe Kartika

The writing of this scientific work is motivated by the difficulty of legal institutions such as the court in carrying out the verification of criminal cases related to Electronic Data. Evidence is fundamental in every criminal case. Therefore, evidence becomes a very decisive thing whether or not a person is convicted. However, the Criminal Procedure Code as a formal law in Indonesia, has not regulated electronic evidence as a legal evidence. The research method used is normative research using a statutory and analytical approach, while data collection through literature studies and interviews and qualitative descriptive data analysis. The results of the study indicate that proof of the ITE Law is lex specialis, because the ITE Law regulates everything that is more specific in the evidentiary law contained in the Criminal Procedure Code. The legal proof of electronic aspect as a legitimate evidence in the case of money laundering is regulated in Article 73 and with the enactment of the ITE Law, it is increasingly emphasized that electronic documentary evidence is a legitimate and recognized evidence in Indonesian procedural law. Penulisan karya ilmiah ini dilatar belakangi oleh sulitnya lembaga hukum seperti pengadilan dalam hal melaksanakan pembuktian perkara pidana yang berhubungan dengan Data Elektronik. Bukti merupakan hal mendasar dalam setiap perkara pidana. Oleh karena itu, alat bukti menjadi hal yang sangat menentukan dapat tidaknya seseorang dipidana. Namun, Kitab Undang-Undang Hukum Acara Pidana sebagai hukum formil di Indonesia, belum mengatur mengenai alat bukti elektronik sebagai alat bukti yang sah. Metode penelitian yang digunakan adalah penelitian normatif dengan menggunakan pendekatan perundang-undangan dan analitis, sedangkan pengumpulan data melalui studi pustaka dan wawancara serta analisis data secara deskriptif kualitatif. Hasil kajian menunjukkan bahwa pembuktian pada UU ITE bersifat lex specialis, dikarenakan UU ITE mengatur segala sesuatu yang lebih spesifik dalam hukum pembuktian yang terdapat di dalam KUHAP. Aspek hukum pembuktian elektronik sebagai alat bukti yang sah dalam kasus tindak pidana pencucian uang diatur dalam Pasal 73 dan dengan diberlakukannya UU ITE semakin dipertegas bahwa alat bukti dokumen elektronik merupakan alat bukti yang sah dan diakui dalam hukum acara Indonesia.


2021 ◽  
pp. 226-237
Author(s):  
A. A. Muhitdinov

At the present stage of development of the criminal procedural legislation of the Republic of Uzbekistan, many legal institutions that have a long history of doctrinal development have received normative consolidation. Among them is the institution of participants leading the criminal process at the stage of pre-trial investigation. In the history of Uzbekistan, the activities of these subjects of the criminal process were regulated by numerous normative legal acts, including codified ones. The first Criminal Procedure Code of the Uzbek SSR was adopted in 1926. Soon the Uzbek SSR Criminal Procedure Code of 1929 entered into force. In comparative legal terms, the latter was significantly inferior to the previous one in terms of the degree of detail in the regulation of criminal procedural relations with the participation of pre-trial investigation bodies. Analysis of the content of the legal norms of the Criminal Procedure Code of 1929, regulating the activities of these bodies, allows us to identify features that, from the standpoint of the modern vision of the optimal model of the Criminal Procedure Code of Uzbekistan, are assessed as shortcomings in the legal regulation of the relevant public relations. As such, we can name the following: the CPC does not contain norms defining the sources of criminal procedural law; the code does not provide for a separate chapter devoted exclusively to investigative actions, a detailed description of their procedural form; there is no clear delineation of the competence of the bodies of inquiry and the investigator; the investigator is by law entrusted with supervisory functions that are not characteristic of him in relation to the bodies of inquiry; the Criminal Procedure Code does not include a norm prohibiting persons conducting a preliminary investigation from obtaining evidence by violence, threats, etc.; The Criminal Procedure Code determined the existence of sufficient data, and not evidence, as the basis for the accusation. After being charged, the person acquired the status of a defendant, not an accused; the application of preventive measures, including detention, was carried out by the investigator independently, without the sanction of the prosecutor, which testified to the absence of guarantees of the observance of the right to personal inviolability.


2021 ◽  
Vol 13 (2) ◽  
pp. 320
Author(s):  
Hanafi Hanafi ◽  
Muhammad Syahrial Fitri ◽  
Fathan Ansori

Following the background, the problems in this study are, first, the mechanism for implementing procedural law in E-Court for criminal cases in Indonesia, secondly how E-Court accommodates the process of proof in criminal cases in Indonesia. The method used in this research is pure legal research, which refers to and bases on legal norms and principles, applicable laws and regulations, legal theories and doctrines, jurisprudence, and other literature that are relevant to the topic. The results of this study are, firstly, the mechanism for implementing E-Court procedural law is regulated in the Supreme Court Regulation 4/2020 on the Administration and Trial of Criminal Cases in Electronic Courts provides 2 (two) alternatives for conducting trials in criminal cases, namely Normal Courts and Electronic Courts. Such matters are not previously regulated in the Criminal Procedure Code or other procedural regulations. Second, concerning the process of proofing evidence in criminal cases in E-Court still follows the provisions of the normal criminal procedure law and has the same value or power of evidence as normal trials.


SOEPRA ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 311
Author(s):  
Devina Anggraeni ◽  
Muhammad Ikhsan

Medical Record is a file that contains records and other documents such as patient identification, examination, the treatment that has been given to the patient. Based on the Minister of Health No. 269/MENKES/PER /III / 2008 concerning the medical record that there are two types of medical records that conventional medical records and electronic medical records. With the absence of a strong legal basis related to the setting of electronic medical records, but in reality, many hospitals are using electronic medical records which raised the question, how the role of electronic medical records as evidence in the medical dispute that occurred in the hospital ?. This study uses Descriptio with the normative juridical approach. The data used is qualitative. This is done to get an overview of the roles of electronic medical records as evidence in the medical dispute in the hospital. Electronic medical records in the case of medical dispute resolution in the hospital can not be made as evidence in the medical case settlement, because the regulations related to the use of electronic medical records alone do not yet have a clear legal basis. 


2014 ◽  
Author(s):  
C. McKenna ◽  
B. Gaines ◽  
C. Hatfield ◽  
S. Helman ◽  
L. Meyer ◽  
...  

Diabetes ◽  
2020 ◽  
Vol 69 (Supplement 1) ◽  
pp. 908-P
Author(s):  
SOSTENES MISTRO ◽  
THALITA V.O. AGUIAR ◽  
VANESSA V. CERQUEIRA ◽  
KELLE O. SILVA ◽  
JOSÉ A. LOUZADO ◽  
...  

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