Technical Guidelines Design of Using Electronic Evidence in Cybercrime Cases

10.2478/bjlp-2022-007019

Abstract

The era of globalization is marked by digitalization to further bring positive and negative impacts. The world seemed without limits with various facilities, but there were also deviations in the form of cybercrime. The Criminal Procedure Code only regulates the types of evidence of witness testimonies, expert statements, letters, instructions and statements of the accused. The existence of electronic evidence becomes a debate because it has actually happened in cyberspace. In practice it always raises questions related to chain of custody, authentication or the authenticity of evidence. This research was conducted by using the normative juridical approach (qualitative) by analyzing the concept of law in relation to real conditions is proposed. It is required standard and certified digital forensics as well as documentation in the form of minutes of every action. Stronger and more detailed regulations in the form of technical guidelines and their implementation for law enforcement officers have been prepared and tested. In addition, it is necessary to change the way of thinking that is more honest and constructive for law enforcement officials.