Electronic Certificate Perspective in Civil Law Evidence

Sepriyadi Adhan S., Ati Yuniati, Muhammad Labib Muhadz
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Abstract

—The digital era requires humans to be able to work more effectively. Advances in the field of information and electronic transactions that are growing rapidly have brought many changes. With the ease of obtaining and managing information through the use of electronic evidence in the era of globalization, aspects of current civil relations traffic, such as buying and selling online, are not uncommon through cyberspace. Situations like this, if not accommodated in the form of laws and regulations, can create legal uncertainty regarding the practice of transactions conducted electronically (e-commerce). The position of electronic evidence in the process of proving civil cases in court from the juridical-normative aspect has been recognized as evidence legally and firmly in the practice of procedural law applicable in court. The presence of Law Number 11 of 2008 as a form of affirmation (legitimacy), the recognition of electronic information and/or electronic documents and/or their printouts is legally valid evidence and is an extension of legal evidence following applicable procedural law. in Indonesia, as long as the electronic information and/or electronic documents contained therein can be accessed, displayed, guaranteed for its integrity, and can be accounted for so that it can explain a situation. The strength of evidence inherent in an electronic evidence instrument is juridically-normatively equivalent to a document written on paper. This affirmation means that the strength of evidence attached to electronic evidence in civil cases can be equated with the strength of proof of written evidence (letters). The power of electronic evidence does not apply to letters which according to the law must be made in written form; and letters and documents which according to the law must be made in the form of a notarial deed or a deed made by the official making the deed. The power of electronic evidence does not apply to letters which according to the law must be made in written form; and letters and documents which according to the law must be made in the form of a notarial deed or a deed made by the official making the deed. The power of electronic evidence does not apply to letters which according to the law must be made in written form; and letters and documents which according to the law must be made in the form of a notarial deed or a deed made by the official making the deed.
民法证据中的电子证书透视
-数字时代要求人类能够更有效地工作。迅速发展的信息和电子交易领域的进步带来了许多变化。在全球化时代,电子证据的使用使信息的获取和管理变得更加容易,因此,通过网络空间进行网上买卖等民事关系交易并不罕见。这样的情况,如果不以法律和法规的形式加以适应,就会在电子交易(电子商务)的实践中产生法律上的不确定性。在诉讼适用的实践中,电子证据在民事诉讼举证过程中的地位从司法规范的角度得到了合法而坚定的认可。2008年第11号法律的存在作为一种确认(合法性)的形式,对电子信息和/或电子文件和/或其打印输出的承认是法律上有效的证据,是适用程序法的法律证据的延伸。在印度尼西亚,只要其中包含的电子信息和/或电子文件可以访问、显示,保证其完整性,并可以解释,以便它可以解释一个情况。电子证据文书所固有的证据强度在法律规范上等同于书面文件。这一认定意味着,民事案件中电子证据的证据强度可以等同于书面证据(信件)的证明强度。电子证据的权力不适用于依法必须采用书面形式的信件;(三)依法必须以公证书或者由作出公证的官员所作的证书形式作出的信件、文件。电子证据的权力不适用于依法必须采用书面形式的信件;(三)依法必须以公证书或者由作出公证的官员所作的证书形式作出的信件、文件。电子证据的权力不适用于依法必须采用书面形式的信件;(三)依法必须以公证书或者由作出公证的官员所作的证书形式作出的信件、文件。
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