scholarly journals The Framework to Support the Digital Evidence Handling

2020 ◽  
Vol 22 (3) ◽  
pp. 51-71
Author(s):  
Yudi Prayudi ◽  
Ahmad Ashari ◽  
Tri Kuntoro Priyambodo

Digital evidence has a different meaning from physical evidence, but even though it is different, both are a unity of evidence that supports each other in the investigation process. Unfortunately, laws and regulations generally have not been oriented to the terminology of digital evidence that should be. It becomes a research challenge in how the handling of digital evidence also gets the same treatment as physical evidence. For this reason, technical studies are needed to support the application of law and regulations for digital evidence handling. This article provides a solution in the form of digital evidence cabinets as a framework to support the centralization of digital evidence that following the applicable regulations of procedures for the management of evidence in the territory of Indonesia. This concept can translate the centralization of digital evidence through the analogy of physical cabinet and the interpretation of cabinet, rack, bags, and evidence unit with types of criminals, list of crimes, list of crime scenes and list of digital evidence at one crime scene.

Author(s):  
Konstantinos Vlachopoulos ◽  
Emmanouil Magkos ◽  
Vassileios Chrissikopoulos

With the advent of Information and Communication Technologies, the means of committing a crime and the crime itself are constantly evolved. In addition, the boundaries between traditional crime and cybercrime are vague: a crime may not have a defined traditional or digital form since digital and physical evidence may coexist in a crime scene. Furthermore, various items found in a crime scene may worth be examined as both physical and digital evidence, which the authors consider as hybrid evidence. In this paper, a model for investigating such crime scenes with hybrid evidence is proposed. Their model unifies the procedures related to digital and physical evidence collection and examination, taking into consideration the unique characteristics of each form of evidence. The authors’ model can also be implemented in cases where only digital or physical evidence exist in a crime scene.


2012 ◽  
Vol 4 (4) ◽  
pp. 47-62 ◽  
Author(s):  
Konstantinos Vlachopoulos ◽  
Emmanouil Magkos ◽  
Vassileios Chrissikopoulos

With the advent of Information and Communication Technologies, the means of committing a crime and the crime itself are constantly evolved. In addition, the boundaries between traditional crime and cybercrime are vague: a crime may not have a defined traditional or digital form since digital and physical evidence may coexist in a crime scene. Furthermore, various items found in a crime scene may worth be examined as both physical and digital evidence, which the authors consider as hybrid evidence. In this paper, a model for investigating such crime scenes with hybrid evidence is proposed. Their model unifies the procedures related to digital and physical evidence collection and examination, taking into consideration the unique characteristics of each form of evidence. The authors’ model can also be implemented in cases where only digital or physical evidence exist in a crime scene.


2020 ◽  
Vol 3 (3) ◽  
pp. 24-32
Author(s):  
Shireen M. Abed Zaid ◽  
Bayan M. Sabbar

Chain of custody (COC) is a concept and process designed to ensure the integrity of evidence including digital evidence (DE). Also, it defines a set of procedures to document files according to its chronological [1].  In this paper, the authors design a Chain of custody application software in order to document all digital evidence in order to ensure its integrity. Thus, a chain of custody application design to document the digital evidence from the time it collected to the time where the evidence actually presented at the court to ensure the digital evidence integrity and authenticity. It can help the investigator to follow clear documentation during the investigation process because of the conventional method considered a problematic issue when it used for digital evidence. In addition to physical evidence and digital evidence have different features and characteristics.The Chain of Custody application for digital evidence is designed using the SQL and XML [3] schema approach to save case information and compute DE hash value. then compare it with its value stores in the COC tab. This solution comes as one of the solutions to enrich the existing solution of the digital chain of custody.


Author(s):  
Joseph Kizza ◽  
Florence Migga Kizza

In Chapter XIV we discussed digital evidence and the process of collecting this evidence. In this chapter, we are going to focus on the investigative process. In fact, we are going to divide this process into two processes that are both related. The first process is known as computer forensics in which we investigate crime scenes that involve data on computers. We will look at the different parts of the computer and how digital evidence can be either hidden or extracted from the computer. In the second process, we consider the crime scene as not one computer but a network of computers. Our investigation then goes beyond one computer to include the infrastructure of the network and all points in the network where evidence can be either hidden or extracted. This second process we will refer to as network forensics.


Author(s):  
Matthew N.O. Sadiku ◽  
Adebowale E. Shadare ◽  
Sarhan M. Musa

Digital chain of custody is the record of preservation of digital evidence from collection to presentation in the court of law. This is an essential part of digital investigation process.  Its key objective is to ensure that the digital evidence presented to the court remains as originally collected, without tampering. The chain of custody is important for admissible evidence in court. Without a chain of custody, the opposing attorney can challenge or dismiss the evidence presented. The aim of this paper is to provide a brief introduction to the concept of digital chain custody.


2019 ◽  
pp. 161-173
Author(s):  
O. Metelev

Scientific and technological progress, as well as the rapid development of information technologies, the formation of the information society, the introduction of telecommunications systems and networks into all vital processes, the availability of digital communications and information transmission have necessitated the use of new methods of combating crime in the new information (cybernetic) space, this artificially created environment, which is an integral part of transport telecommunications networks (TTN). The extraterritorial nature of transport telecommunication networks and systems, together with the global Internet, greatly complicates their legal regulation, as it is sometimes quite difficult to determine the jurisdiction of which state relates a criminal offense. Thus, when conducting silent investigative actions, a legitimate question arises as to the lawfulness of work in the information environment of the transport telecommunication network for obtaining digital evidence in the interests of criminal proceedings. Purpose of the article: to investigate the problematic issues of legal regulation when working in transport telecommunication networks in order to obtain information relevant to criminal proceedings during the conduct of silent investigative actions. The paper draws attention to the insufficient level of scientific research to cover the problematic issues of studying transport telecommunications networks as an information medium for legal obtaining digital evidence in the interests of criminal justice. The national legislation regulating public relations in this field is analyzed, as well as the case law of the European Court of Human Rights, which reveals some «white spots» in national legislation on ensuring the legitimacy and protection of human rights in the conduct of vague private communication interventions in the information environment of transport telecommunication networks. Taking into account the extraterritorial nature of the information (cyber) space, it is concluded that there is a need for clear legislative regulation of procedural activity in the transport telecommunication networks in order to ensure the security of the individual, society and the state as a whole in this sphere. The article also discusses different approaches to legal disparities in cyber crime investigations. The question of determining the crime scene in the information (cybernetic) space is raised, an attempt is made to define the "crime scene" and provides suggestions for improving legislation.


2021 ◽  
Vol 1 (3) ◽  
pp. 139-156
Author(s):  
Uswatun Hasanah ◽  
Yulia Monita

The purpose of this study was to determine the use of fingerprints to support the process of proving evidence in the investigation of criminal cases in the Jambi Regional Police and to determine the effectiveness of fingerprints as supporting evidence in the investigation of criminal cases. The number of criminal cases that occurred in Jambi made the police improve their performance, one of which was in the investigation process by looking for evidence of evidence, one of which was a fingerprint. The results of this study are the use of fingerprints can support the process of proving evidence in the investigation of criminal cases, because the discovery of fingerprints of someone suspected of committing a crime will make it easier for the police to find other evidence, for in Jambi itself the use of fingerprints as preliminary evidence rarely seen from 2016-2019, there were only 5 cases that used fingerprints as an initial guide, because in Jambi itself still had many shortcomings such as at the time of the crime scene many fingerprints were found but many were already damaged, and many criminal acts were indirectly reported, for its own effectiveness the Jambi Regional Police have very complete and sophisticated equipment such as those at the National Police Headquarters and are very effective in terms of cases and tools that all 5 cases that occurred were effective using fingerprints as evidence for initial instructions. Abstrak Tujuan penelitian ini adalah untuk mengetahui penggunaan sidik jari bisa mendukung proses pembuktian alat bukti dalam proses penyidikan perkara pidana di Polda Jambi serta untuk mengetahui efektivitas sidik jari sebagai pendukung alat bukti dalam proses penyidikan perkara pidana. Banyaknya kasus kejahatan yang terjadi di Jambi membuat pihak kepolisian semakin meningkatkan kinerjanya yang salah satunya ialah dalam proses penyidikan dengan mencari bukti petunjuk yang salah satunya sidik jari. Hasil penelitian ini adalah penggunaan sidik jari bisa mendukung proses pembuktian alat bukti dalam proses penyidikan perkara pidana, karena dengan ditemukannya sidik jari seseorang yang diduga melakukan tindak pidana maka akan memudahkan pihak kepolisian dalam mencari bukti lain, untuk di Jambi sendiri penggunaan sidik jari sebagai bukti awal jarang dilakukan terlihat dari tahun 2016-2019 hanya terdapat 5 kasus yang menggunakan sidik jari sebagai petunjuk awal, karena di Jambi sendiri masih memiliki banyak kekurangan seperti pada saat olah TKP banyak ditemukan sidik jari akan tetapi banyak yang sudah rusak, dan banyak kejadian tindak pidana yang tidak langsung dilaporkan, untuk efektivitasnya sendiri Polda Jambi memiliki peralatan yang sangat lengkap dan canggih sudah seperti di Mabes Polri dan sangat efektif dari segi kasus dan alatnya bahwa dari 5 kasus yang terjadi semuanya efektif dengan menggunakan sidik jari sebagai alat bukti petunjuk awal.


2020 ◽  
Vol 5 (2) ◽  
pp. 369
Author(s):  
Inca Nadya Damopolii ◽  
R. Imam Rahmat Sjafi’i

This study aimed to analyze the force of private testament proofing and the judge's consideration in the Bitung District Court Decision Number 43 / Pdt.G / 2015 / PN.Bit. about sale without any written evidence. The study used a normative research method with a statutory approach and a case approach. The results showed the power of private testament regarding the Bitung District Court Decision Number 43 / Pdt.G / 2015 / PN.Bit. is strong, judging from the power of physical evidence, the power of formal evidence, and the power of material evidence. However, the sale carried out between the plaintiff and the defendant which was not in the presence of the Land Deed Official had weak legal force because it was not in accordance with the prevailing laws and regulations. In their legal considerations, judges used the principle of sale customary law only, namely light and cash, and witness testimony de auditu as evidence. This legal consideration was deemed inappropriate because it was against the Basic Agrarian Law and in general the witness testimony de auditu was rejected as evidence.


Author(s):  
Uma N. Dulhare ◽  
Shaik Rasool

Advanced Evidence is any data of probative quality that is either put away or transmitted in a double frame. In today's universe of propelling advances, more data is being produced, put away and appropriated by electronic means. This requires numerous offices to build the utilization of advanced proof social affair as a regular or standard instrument in their fight against violations. Computerized proof can be helpful in an extensive variety of criminal examinations. Numerous computerized gadgets productively track client action; it is likewise conceivable to recoup erased records, both of which may influence a criminal examination. Data is similar to the backbone for associations of all sizes, sorts and industry areas. It should be overseen and secured, and when there is a break or wrongdoing conferred including spilled or stolen data, the culprits must be recognized and indicted. Expanded Internet entrance has given exponential ascent in refined assaults on Information Technology framework. Keeping in mind the end goal to make our IT framework versatile against the dangers, there is a requirement for Cyber Security. Digital criminology, likewise called PC legal sciences or advanced legal sciences, is the procedure of extricating data and information from PCs to serve as computerized proof - for common purposes or, by and large, to demonstrate and lawfully indict cybercrime. PC crime scene investigation has as of late increased noteworthy Popularity with numerous nearby law authorization organizations. It is at present utilized in extortion, robbery, drug authorization and each other implementation action. Law implementation organizations confront another test in managing digital wrongdoings. Criminal acts are being perpetrated and the confirmation of these exercises is recorded in electronic structure. Also, wrongdoings are being dedicated in the internet. Proof in these violations is quite often recorded in computerized design. It is critical that PC security experts know about a percentage of the necessities of the lawful framework and comprehends the creating field of PC legal sciences. It will clarify why Digital Evidence is a vital part of any crime scene investigation examination and why strict approaches and methodology must exist to manage the administration of confirmation. Digital examination conventions offer specialists some assistance with gathering computerized proof in a forensically substantial manner. Computerized proof is “information that is made, controlled, put away or conveyed by any gadget, PC or PC framework or transmitted over a correspondence framework that is significant to the procedure.” The section will give a brief of how Digital confirmation starts from a large number of sources including seized PC hard-drives and reinforcement media, ongoing email messages, talk room logs, ISP records, site pages, advanced system activity, nearby and virtual databases, computerized catalogs, remote gadgets, memory cards, and computerized cameras. The advanced confirmation is not virtual exist, but rather there are some different components to search for, the computerized proof can be duplicated with boundless contrasts, can be altered effortlessly, difficult to be distinguished the first asset, can be incorporated information check, and can't be seen straightforwardly without specialized procedure. The trust value of this computerized information is a basic question that advanced scientific analysts must consider. For this reason, part “advanced proof” partitioned into seven classifications. This part gives the learning important to handle advanced confirmation in its numerous structures, to utilize this proof to construct a case, to manage the difficulties connected with this kind of confirmation and ways to deal with taking care of computerized proof put away and transmitted utilizing systems as a part of a way that is well on the way to be acknowledged by law. The section presents the procedure of distinguishing, saving, examining and displaying computerized proof in a way that is legitimately satisfactory. It will clarify why Digital Evidence is an imperative part of any crime scene investigation examination and why strict arrangements and techniques must exist to manage the administration of proof. The section will give a brief of how Digital confirmation starts from a huge number of sources including seized PC hard-drives. Further the part will contain order of computerized confirmations where Digital proof can be grouped, looked at, and individualized in a few ways. One of those courses is by the substance of the confirmation. The later Section in the part will contain how the advanced proofs are gathered, what techniques and apparatuses can be utilized to safeguard the computerized confirmations.


Sign in / Sign up

Export Citation Format

Share Document