Professional Documents
Culture Documents
Communication Ethics and Professional Ethics
Communication Ethics and Professional Ethics
ASSIGMENT 2
By:
Name : Yoseph Martin Lay
NIM : 41519010198
A. Background
Basically every law made by legislators law is a legal answer to the problems of
society at the time the formation of this law. Along with the development of people's
needs in the world, technology information plays an important role, both now and in the
future to come. Information technology drives demand for technology products
information, the second is to facilitate business transactions, especially financial business
besides other businesses. Information technology by itself also changes people's
behavior.
The development of information technology has caused the world to be without
borders and causes rapid social change. Actions against the law in Law Number 11 of
2008 About Information and Electronic Transactions, crimes in information technology
called Cyber Crime. In Indonesia, there are many cases related to cyber crime
( cybercrime ). One example of a cyber crime case that occurred in Surakarta, which one
In the proof, there are obstacles in the case of an intruder email password, which is where
the person suffers the loss up to billions of rupiah, because the email is a transaction tool
in the company the. Thus, in practice, proof is in criminal law is something that has a
very vital role, considering that in the Criminal Procedure Code (Kitab Criminal
Procedure Law) the role of evidence is very influential on judge's consideration. Every
obstacle that arises makes law enforcers be confused to conclude a matter in the field of
Technology Information, which is digital evidence.
So that the writing of this thesis leads to the expected discussion and focused on the
specified problem, and there is no understanding who are blurred because their scope is
too broad, it is necessary restricting the problem. This research will be limited to cyber
legal aspects Crime and Evidence in Cyber Crime cases that occur in the region
Karisidenan Surakarta and Sleman, Yogyakarta. With the problem statement as follows :
1. What is the system of proof against cyber crime?
2. What is the position of electronic evidence in an effort to eradicate it cyber crime?
C. Research Objectives
Based on the problem formulation above, that is the goal this research is:
1. To know the system of evidence in combating cyber crime.
2. To determine the extent of the role of electronic evidence in eradicating cyber crime.
II. DISCUSSION
Article 183 KUHAP reads as follows: "The judge may not impose a sentence on a
person unless with at least two valid pieces of evidence he obtains the belief that a
criminal act actually occurred and that the accused was guilty of doing it ”. The
provisions above are to ensure the upholding of truth, justice and legal certainty for
someone. To be able to pass the sentence hinted at 2 conditions are met, namely:
1. Valid evidence (wettige bewijsmiddelen).
2. Judge's conviction (overtuiging des rechters).
Called first and second to each other are related in such a way, in the sense that the
latter is born of the first. Corresponding with this, we also say that there is a valid belief
(wettige overtuiging), or belief obtained from valid evidence (wettige bewijsmiddelen).
Only one piece of evidence, for example with a statement from a witness, no valid
evidence is obtained, but it must be with a description of several evidences. Thus, the
words "valid evidence means" have power in the same sense as "valid evidence". Apart
from such evidence, it also requires the judges' confidence obtained or arose from "valid
evidence". (wittig bewijs). What is meant by evidence can be seen in Article 184
paragraph (1) KUHAP, are as follows: Valid evidence is:
a. Witness testimony;
b. Expert statement;
c. Letter;
d. Instructions;
e. Statement of the defendant.
Proof is impossible and absolute truth can be reached (absolute). The only one that
can be hinted at and what is now done is there is a high probability that the defendant was
guilty of the alleged acts, whereas its infallibility, although there is always possibility, is
something that is not acceptable at all. Karim Nasution said that "if the judge is based on
evidence lawyers have believed that according to experience and circumstances are
acceptable, that a criminal act has actually occurred and the defendant in this case is
guilty, then there is perfect evidence, namely valid evidence and reassuring ”. It is
concluded that any evidence should be considered incomplete, if the judge's conviction is
based on evidence which is unknown in law, or on insufficient evidence, for example
information only from a witness, or because of his belief about it itself does not exist.
The judge did not get this conviction from various circumstances which he knows
from outside the trial, but must obtain it from the valid evidence is found in the trial, in
accordance with the conditions specified in the law, for example in the event that the
defendant is not confessed, with testimony from at least two people who had sworn in
legally. If the judge from valid evidence does not obtain conviction, then he has the
authority to pronounce a verdict on acquittal of the charges Thus, for example, even
though 10 witnesses testify on oath that they have seen someone burn down the house, the
judge has not obliged to pass a sentence, if he is not sure that the testimonies is absolutely
trustworthy, and therefore the purpose of criminal proceedings is to seek and find material
truth, then he will release the defendant.
It must be remembered that the judge's conviction did not arise withitself alone, but it
must arise with valid evidences called in statute and not in other circumstances. You can't
accountable for a decision even though the evidence is sufficient legally, the judge
casually stated that he was not sure, and because that he released the suspect, without
further explaining why he was not sure of that.
Truth is usually only about certain circumstances already in the past. The longer that
time passes, the harder it is for judges to states the truth of the circumstances. Hence the
experience wheel on the world may not be reversed again, it is one hundred percent
certainty, that what the judge would believe in a very appropriate situation truth, it is
impossible to achieve. So the Criminal Procedure is actually only possible directs the way
to strive to approach as many conformities as possible between the judge's conviction and
true truth.
The judge is an ordinary human being who can certainly be mistaken determine his
conviction about the goods, and again because of the verdict a criminal judge can pierce
the interests of the defendant, who by society is upheld, namely soul, body,
independence, honor and wealth of a defendant, so there are several streams in the world
from time immemorial until now about what is considered good formulation of a
regulation
Law of Evidence in Criminal Procedure. Before describing these traditions it is best to
mention the divisions the law of proof at the Criminal Procedure in 3 parts, namely:
1. "Explanation of the evidence that can be used by the judge to get an overview of
the past criminal events (opsomming van bewijsmiddelen).
2. Describing the ways in which the evidence was used (bewijsvoering).
3. The evidentiary strength of each of the evidence items (bewijskracht der
bewijsmiddelen) ”.
The difference between the schools mentioned above does not really concern the 2nd part
namely how to use evidence, but regarding part 1 regarding the mention of evidence, and
especially regarding the 3rd part regarding power of proof. Wirjono Prodjodikoro said
that in the criminal procedure law known 3 theories of proof are:
a. "Sheer belief system,
b. The system is only according to law (Positief wettelijk),
c. According to the law up to a limit (Negative wettelijk) ".
In Law No. 8 of 1997 is not regulated proof, but through this law, the government is
trying regulates recognition of microfilm and other media (storage devices non-paper
information and has a high level of security can guarantee the authenticity of documents
transferred or transformed, for example Compact Disk-Read Only Memory (CD-ROM)
and Write-One- Read-Many (WORM), which is regulated in Article 12 of the Law
Company documents as valid evidence. Article 13 of the Company Documents Law reads
as follows :
1) Company documents can be transferred to microfilm or media other.
2) Transfer of corporate documents to microfilm or other media as referred to in
paragraph 1 can be carried out from the document is made or received by the
company concerned.
3) In transferring company documents as referred to in paragraph 1, the management
of the company must consider the use original manuscripts of documents that need
to be kept because they contain certain values for the benefit of the company or for
the sake of interest national.
4) In the event that company documents are transferred to microfilm or the other
means is the original text which has legal forcemauthentic proof and still contain
legal interests certain, the management of the company is obliged to keep the
original manuscripts.
III. CLOSING
A. Conclusion
1. Evidence system and evidence based on article 184 KUHAP able to reach
evidence for classified cyber crimes a new crime. Tracing conventional evidence
such as statements of witnesses and expert witnesses, as well as shifting letters
and directions from conventional to electronic will be able to snare cyber
crime perpetrators .
2. Law No. 11 of 208 concerning Information and transactions electronics in article
5 has clearly stated that information electronic is a valid legal evidence covering
information electronics and / or electronic documents and / or printouts thereof.
B. Suggestions
For law enforcers ranging from investigators, public prosecutors, and
judges need to understand, deepen about electronic evidence what is meant by
law so that errors do not occur in its application in addition to knowledge of
valid evidence according to Criminal Procedure Code.