VALIDITY AND EVIDENTIAL STRENGTH OF ELECTRONIC DOCUMENTS IN THE SETTLEMENT OF E-COMMERCE CIVIL 826 DISPUTES

Abstract

Development of e-commerce transactions in Indonesia has driven the increasing use of electronic
documents as evidence in civil dispute resolution. This study aims to analyze the validity and evidentiary
power of electronic documents based on the national legal framework, specifically the Electronic
Information and Transactions Law (UU ITE), the Government Regulation on the Implementation of
Electronic Systems and Transactions (PP PSTE), and provisions of civil procedural law. This study also
aims to identify practical obstacles faced by parties and law enforcement officials in authenticating
digital evidence in court.
The method used is normative legal research with a statutory and conceptual approach, supported by
a literature review of relevant court decisions as well as civil law and information technology literature.
The analysis was conducted qualitatively to evaluate the conformity between legal norms and
evidentiary practices in court.
Research findings indicate that electronic documents have legitimate standing as evidence as long as
they meet the requirements of integrity, authenticity, and retrievability as stipulated in the ITE Law.
However, their evidentiary strength depends heavily on the ability of the party submitting the evidence
to prove the authenticity of the metadata, digital footprint, and the reliability of the electronic system
used. The study also found that the lack of uniform national technical standards often hinders judges in
assessing the evidentiary weight of electronic documents. Therefore, strengthening technical
regulations and increasing the capacity of judicial officials to understand digital evidence is necessary.