Obstacles to Proving Criminal Acts of Interception in the Validation Process of Electronic Evidence in Cyber Crimes

Abstract

The development of information and communication technology has given rise to increasingly complex forms of cybercrime, including the illegal interception of electronic systems and electronic information. In law enforcement practice, proving interception faces various obstacles, particularly in the validation of electronic evidence, the primary instrument in uncovering cybercrime. The research questions in this article are: (1) how is the process of proving interception in cybercrime based on Indonesian laws and regulations? (2) what are the obstacles encountered in validating electronic evidence in the investigation of interception; and (3) how these obstacles can be overcome to achieve legal certainty and effective law enforcement. The research method used is a normative juridical method with a statute approach, a conceptual approach, and a case approach. The data used is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials, analyzed qualitatively. The research results indicate that proving the crime of interception in cybercrime relies on electronic evidence as specified in the Electronic Information and Transactions Law (UU ITE), the Criminal Procedure Code (KUHAP), and other related regulations. Obstacles encountered in the process of validating electronic evidence include technical, legal, and institutional aspects. Technical obstacles involve difficulties in maintaining the integrity, authenticity, and integrity of electronic data due to the easily modified nature of digital data. Legal obstacles arise from the lack of uniform standard procedures for validating electronic evidence, including digital forensic mechanisms that are universally accepted in the judicial process. Meanwhile, institutional obstacles include limited human resources, digital forensic facilities, and coordination between law enforcement agencies. Efforts to overcome these obstacles include improving regulations related to electronic evidence, strengthening the capacity of law enforcement officers in the field of digital forensics, developing standard operating procedures for validating electronic evidence, and increasing cooperation between relevant agencies and institutions.