sepriyadi, adhan and Ati, Yuniati (2022) Electronic Certificate Perspective in Civil Law Evidence. Advances in Social Science, Education and Humanities Research (ASSEHR), 628. pp. 339-348. ISSN 2352-5398

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Abstract

—The digital era requires humans to be able to work more effectively. Advances in the field of information and electronic transactions that are growing rapidly have brought many changes. With the ease of obtaining and managing information through the use of electronic evidence in the era of globalization, aspects of current civil relations traffic, such as buying and selling online, are not uncommon through cyberspace. Situations like this, if not accommodated in the form of laws and regulations, can create legal uncertainty regarding the practice of transactions conducted electronically (e-commerce). The position of electronic evidence in the process of proving civil cases in court from the juridical-normative aspect has been recognized as evidence legally and firmly in the practice of procedural law applicable in court. The presence of Law Number 11 of 2008 as a form of affirmation (legitimacy), the recognition of electronic information and/or electronic documents and/or their printouts is legally valid evidence and is an extension of legal evidence following applicable procedural law. in Indonesia, as long as the electronic information and/or electronic documents contained therein can be accessed, displayed, guaranteed for its integrity, and can be accounted for so that it can explain a situation. The strength of evidence inherent in an electronic evidence instrument is juridically-normatively equivalent to a document written on paper. This affirmation means that the strength of evidence attached to electronic evidence in civil cases can be equated with the strength of proof of written evidence (letters). The power of electronic evidence does not apply to letters which according to the law must be made in written form; and letters and documents which according to the law must be made in the form of a notarial deed or a deed made by the official making the deed.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum (FH) > Prodi Ilmu Hukum
Depositing User: SH, MH. SEPRIYADI ADHAN S.
Date Deposited: 17 Mar 2022 00:58
Last Modified: 17 Mar 2022 00:58
URI: http://repository.lppm.unila.ac.id/id/eprint/40245

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