Overview

It has now been a decade since Law No. 11 of 2008 on Electronic Information and Transactions, as amended by Law No. 19 of 2016 (collectively referred to as the “ITE Law”) was first introduced.[1] However, the ongoing debate as to the admissibility of digital[2] evidence (alat bukti) has yet to draw to any kind of satisfactory conclusion, while the government has yet come up with any standardized criteria for digital evidence, in spite of various attempts to do so since 2015. In addition, the various different approaches which have been taken by the courts to date in terms of criminal and civil cases have only served to make these issues more complicated than they need be.