Peran Hakim dalam Menilai Keabsahan Alat Bukti Elektronik dalam Perkara Pencemaran Nama Baik

Abstract

Abstract

In assessing the validity of electronic evidence in defamation cases, judges have a very important role. The following are several aspects that show the judge's role in assessing the validity of electronic evidence.

Defamation is a serious criminal offense and is regulated in several articles of criminal law and information technology. This is a problem in itself, considering that in the era of digitalization almost all communication (mass and/or personal) will never be separated from dependence on digital communication tools.

In assessing the validity of electronic evidence in defamation cases, judges have a very important role. Judges must have sufficient technical knowledge, use digital forensics experts, authenticate electronic evidence, and understand the relevant statutory regulations. In this way, judges can assess the validity of electronic evidence correctly and ensure that the evidentiary process runs fairly and transparently.

This research uses normative juridical research methods. This research was carried out by analyzing the laws and regulations governing defamation, including Article 310 of the Criminal Code and Article 27 Paragraph (3) of the ITE Law.

Keywords: Judge, Evidence, Defamation