Kedudukan Alat Bukti Elektronik dalam Pembaruan Hukum Acara Perdata Indonesia

Abstract

The development of information technology has significantly transformed legal relations in society, particularly in civil disputes where electronic documents and digital communications are increasingly used as evidence. However, Indonesian civil procedural law, which still relies on the Herziene Indonesisch Reglement (HIR) and Rechtsreglement Buitengewesten (RBg), has not comprehensively regulated electronic evidence within the procedural framework. On the other hand, Law Number 11 of 2008 concerning Electronic Information and Transactions as amended by Law Number 19 of 2016 has recognized electronic documents and electronic information as valid legal evidence. Nevertheless, the implementation of electronic evidence in civil litigation continues to raise legal issues, especially regarding evidentiary value, authenticity, and standards of verification in court proceedings. This study aims to analyze the legal position of electronic evidence in Indonesian civil procedural law and examine the urgency of reforming evidentiary mechanisms in response to technological developments. This research employs a normative legal method using statutory and case approaches through the analysis of court decisions related to electronic evidence in civil disputes. The results indicate that the use of electronic evidence in civil courts still leads to inconsistencies in judicial interpretation and assessment, resulting in uncertainty in evidentiary practices. Therefore, reformulation of Indonesian civil procedural law is necessary to establish clearer and more adaptive regulations concerning electronic evidence in the modern judicial system.