Legalitas Rekaman Elektronik Sebagai Alat Bukti Dalam Tindak Pidana Pencucian Uang Studi Di Pengadilan Negeri Medan

Abstrak

The use of electronic recording evidence has now become part of legal practice, especially in the process of proving money laundering crimes. However, in Article 184 of the Criminal Procedure Code there is no clear regulation regarding electronic records as evidence in criminal justice. This research approach uses a normative juridical analysis approach and an empirical juridical analysis approach. The data of this study include primary data and secondary data. Primary data is the main data in this study, while secondary data is used to support primary data. Data collection techniques used are through interviews and library research in the form of books, laws and regulations, archives, documents and others. Data analysis used qualitative data analysis. The results of this study indicate that the legality of electronic records as evidence in the crime of money laundering is the basis for recognizing the existence of electronic records as evidence, which has been regulated and recognized in several laws, including; ITE Law, Money Laundering Law, Corruption Eradication Law, Company Documents Law and Terrorism Law. In order for an electronic record to be accepted as evidence in a trial, it must meet the formal and material requirements stipulated in the ITE Law and also submit other evidence, at least two pieces of evidence as stipulated in Article 183 of the Criminal Procedure Code.