THE VERIFICATION OF CLOSE CIRCUIT TELEVISION (CCTV) STANDING IN INDONESIA POSITIVE LAW PERSPECTIVE AND ISLAMIC VALUES

Ira Alia Maerani, Nuridin Nuridin

Abstract


The purpose of this study was to strengthen the verification of Closed Circuit Television (CCTV) as an evidence in the court process in Indonesia. Considering that CCTV is always used as an evidence. One of the courts to the case of criminal theft in District Court of Semarang states that CCTV is a supporting evidence through a decision of No.176/Pid.B/2016/PN.Smg. However,The article 5 Section (1) and (2) UU No. 11 Year 2008 jo UU No. 19 Year 2016about Information and Electronic Transaction Jo Constitutional Court Decision No. 20/PUU-XIV/2016 7th of September 2016regulates that electronic information and electronic documents are valid evidence and as an expansion of valid evidence based on the applicable procedural law in Indonesia. However, there is a gap in criminal code procedures (KUHAP) that haven't set it yet. The article 184 section (1) KUHAP only mentions 5 criminal evidences such as witness information, expert information. Letter,instruction, and defendant information. Therefore, the research used normative juridical method stated the importance of CCTV role in proving a crime by optimizing the latest technology. This research used Islamic values as “Knife Analysis” which puts forward the principle of legality, the presumption of innocenceand the prohibition of moving errors to others. 

Keywords: Verification, Standing, Closed Circuit Television (CCTV), Technology, Islamic Values 


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