The system of proof in civil law outdated. Inevitably must accommodate technological developments. But Bill Book of the Law Civil Procedure impressed still shy to admit?
When the Law No. 11 of 2008 on Information and Electronic Transactions (UU ITE) endorsed no little debate emerged. There was a stutter facing the possibility of legal problems that may arise if the electronic system was brought into the realm of law. Controversy over the application of this Act to find moments when Prita Mulyasari, a patient, questioned the hospital services by email.
The debate after debate adorn the courtroom when it comes to electronic evidence. We then hear the views Antasari Azhar lawyer who firmly refused to apply the electronic evidence in a murder case. In the case of terrorism, money laundering, banking, and corruption, electronic evidence may be acceptable for an Act to accommodate the shelter is clear. But how in the civil law? This is an attempt Ephah Laela Fakhriah discussed in his book Electronic Evidence in Civil Evidence System.
Applicable law of civil procedure for this, namely the HIR and RBG, adhere to the principle that judges are bound on valid evidence. That is, judges can only make decisions based on the evidences provided in the Constitution. These conditions make it difficult in practice dispute resolution processes, particularly related to e-commerce transactions (p. 11).
In fact, the model of transactions using electronic channels are commonly used by people. Ordering of goods such as clothes, shoes, and books by email is plural. There was no physical meetings between buyers and sellers. Prospective buyers also can not tell directly whether there are hidden defects in the goods or not. In fact, the transaction could walk. Banking transactions through ATMs or e-banking is not something new for the community, especially in urban areas. In the sessions of the Constitutional Court, the use of teleconferencing to hear witnesses or experts have conducted plural.
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When the Law No. 11 of 2008 on Information and Electronic Transactions (UU ITE) endorsed no little debate emerged. There was a stutter facing the possibility of legal problems that may arise if the electronic system was brought into the realm of law. Controversy over the application of this Act to find moments when Prita Mulyasari, a patient, questioned the hospital services by email.
The debate after debate adorn the courtroom when it comes to electronic evidence. We then hear the views Antasari Azhar lawyer who firmly refused to apply the electronic evidence in a murder case. In the case of terrorism, money laundering, banking, and corruption, electronic evidence may be acceptable for an Act to accommodate the shelter is clear. But how in the civil law? This is an attempt Ephah Laela Fakhriah discussed in his book Electronic Evidence in Civil Evidence System.
Applicable law of civil procedure for this, namely the HIR and RBG, adhere to the principle that judges are bound on valid evidence. That is, judges can only make decisions based on the evidences provided in the Constitution. These conditions make it difficult in practice dispute resolution processes, particularly related to e-commerce transactions (p. 11).
In fact, the model of transactions using electronic channels are commonly used by people. Ordering of goods such as clothes, shoes, and books by email is plural. There was no physical meetings between buyers and sellers. Prospective buyers also can not tell directly whether there are hidden defects in the goods or not. In fact, the transaction could walk. Banking transactions through ATMs or e-banking is not something new for the community, especially in urban areas. In the sessions of the Constitutional Court, the use of teleconferencing to hear witnesses or experts have conducted plural.
Listen
Read phonetically
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