Borobudur Law and Society Journal

Articles

The Influence of a Digital Forensic Framework on the Effectiveness of Proving Cybercrime in Indonesia

Fariz Abdullah Zulkarnain , Anita Dewi , Muhammad Dava Wijaya , Muhammad Auliya Rahman , Muhammad Rusdi Daud

Abstract

Cybercrime cases in Indonesia turn on electronic evidence that is easily copied, altered and deleted, yet the rules on how such evidence must be handled are scattered across statutes, police regulations and technical standards. This normative study asks how a digital forensic framework, a staged process of identification, acquisition, preservation, analysis and reporting, influences the effectiveness of proving cybercrime, and what legal and institutional conditions limit that influence in practice. It applies statutory, conceptual and comparative approaches to the Criminal Procedure Code of 2025 (Law No 20 of 2025), the Electronic Information and Transactions Law as amended in 2024, Constitutional Court Decision No 20/PUU-XIV/2016, police regulations and international standards, read against the forensic literature and international standards on evidence handling. The study finds that each stage of a framework answers a specific evidentiary risk: integrity, authenticity, reliability and lawful acquisition. Indonesian law now recognises electronic evidence but prescribes no technical procedure, custody rule or laboratory accreditation, so the effect of a framework depends on investigators’ capacity and judges’ understanding. The study therefore recommends a national regulation on digital forensics that adopts ISO/IEC 27037, requires chain-of-custody records and laboratory accreditation, and trains investigators, prosecutors and judges.

Keywords

Forensics; Cybercrime; Evidence; Custody; Admissibility; Indonesia

References