Legitimacy of Proof of Letters in the Era of the E-Litigation Proof System in the State Administrative Court

Shannon Rosemary Bernadika, Frederick Appiah Afriyie
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Abstract

In this research article, the author focuses on this discussion to review the validity of evidence on documentary evidence in the era of the e-Litigation evidentiary system at the State Administrative Court (PTUN). The disruption revolution of industry digital 4.0 which was marked by the use of the management of the justice system in Indonesia by the government into a new trial process, namely electronic justice (e-Litigation or e-Courts) has changed the process of proving procedures in PTUN trials to be electronic as well. In achieving the objectives to be discussed, the authors agree to apply a juridical-normative research method that is studied through a conceptual approach and a historical approach. As for the nature of this research is qualitative so that produce scientific and meaningful reseacrh. Source of data used to estamblisment of this reasearch are secondary data sources which include various written materials such a applicable regulations, literature, documents, and references relevant to this research. From the results of the research that has been carried out, the authors found that the paradigm of proceedings in court has entered a new era, from what was previously in the form of a conventional trial to an electronic trial which can only be carried out through the e-Litigation system. So that the process of proving documentary evidence to seek material truth in administrative disputes at PTUN has also been affected to be proven electronically by simply uploading a document to each other. This change in the e-Litigation evidentiary system has sparked debate due to the fact that it is still difficult to do and prove, especially in the first evidentiary process, namely written or written evidence due to several obstacles in it.
论国家行政法院电子诉讼证明制度时代信函证明的合法性
本文以国家行政法院电子诉讼证据制度时代的书证效力问题为研究重点,对其进行探讨。工业数字4.0的颠覆性革命,其标志是印度尼西亚政府将司法系统管理纳入新的审判程序,即电子司法(电子诉讼或电子法院),也改变了PTUN审判中的证明程序过程。为了实现要讨论的目标,作者同意采用一种通过概念方法和历史方法进行研究的法律规范研究方法。由于本研究的性质是定性的,从而产生科学而有意义的研究。用于建立本研究的数据来源是二手数据来源,包括各种书面材料,如适用的法规、文献、文件和与本研究相关的参考文献。从已有的研究结果来看,法院诉讼范式已经进入了一个新的时代,从以前的传统审判形式到只能通过电子诉讼系统进行的电子审判。因此,PTUN在行政纠纷中寻求实质性真相的证明文件证据的过程也受到影响,只需相互上传文件即可通过电子方式证明。电子诉讼证据制度的这一变化引发了争论,因为它仍然难以做到和证明,特别是在第一证据程序,即书面证据或书面证据中,由于存在一些障碍。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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