A Juridical Analysis of Digital Forensics in the Evidentiary Process for Online Child Sexual Abuse Cases

Abstract

The rapid advancement of digital technology has been closely followed by a rise in online sexual crimes against children, particularly through the practice of cyber grooming. This study analyzes the forms of digital evidence and the legal procedures for presenting such evidence in cases of online child sexual abuse. A normative juridical method was employed, using a statute approach supported by systematic, grammatical, and futuristic interpretation. The primary legal materials examined include Law Number 19 of 2016 on the Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions, Government Regulation Number 71 of 2019 concerning the Operation of Electronic Systems and Transactions, the draft Ministerial Regulation of Communication and Informatics on the Handling of Electronic Evidence, Law Number 35 of 2014 on Child Protection, the Indonesian Criminal Code, and National Police Regulation Number 10 of 2009 concerning Electronic Evidence. Secondary legal materials, including academic literature, journal articles, legal textbooks, and expert opinions, were also examined using deductive analysis. The findings indicate that digital evidence, such as screenshots, metadata, disk clones, and cloud-stored content, carries varying degrees of evidentiary strength, with disk clones obtained through lawful forensic procedures regarded as the most conclusive. The study underscores the importance of the ISO/IEC 27037 standard in guiding the identification, acquisition, and preservation of digital evidence, as well as the urgency of URL permanence and comprehensive chain-of-custody documentation. Nevertheless, persistent constraints remain, including limited human resources, technical barriers, and inadequate cross-platform cooperation. Strengthening the capacity of law enforcement officers and updating existing regulations are therefore essential steps toward ensuring the validity and effectiveness of digital evidence in court.