Issues Regarding The Validity of Electronic Evidence in The New Criminal Procedure Code

Abstract

Rapid advances in information and communication technology have transformed the landscape of criminal evidence, making electronic evidence increasingly central to criminal proceedings. Indonesia’s New Criminal Procedure Code (New CPC), enacted under Law Number 20 of 2025 and effective since January 2, 2026, formally recognizes electronic evidence yet provides limited procedural guidance. This study aims to analyze juridical problems concerning the validity of electronic evidence under the New CPC and assess its implications for legal certainty. The research employs normative legal research with statutory, conceptual, and comparative approaches, using secondary data analyzed qualitatively. Findings reveal four key issues: the absence of standardized authentication procedures, weaknesses in chain-of-custody mechanisms, disparities in judicial assessment, and unclear qualifications of digital forensic experts, all of which contribute to legal uncertainty and inconsistent judicial decisions. The study concludes that while the recognition of electronic evidence under the New CPC represents a major advancement, its effectiveness is limited by the absence of detailed technical regulations, requiring the urgent issuance of Supreme Court regulations to ensure uniform application and legal certainty. Strengthening procedural standards is essential to harmonize judicial practice and protect due process in digital-era criminal justice systems. This supports consistent evidentiary reliability across courts nationwide and reinforces the legal certainty framework needed.