Reconstruction of Electronic Evidence in Cyber Fraud Criminal Offenses in Indonesia

Abstract

The rapid advancement of digital technology has fundamentally transformed the pattern of criminal activity in Indonesia, particularly in the form of cyber fraud. Electronic transactions, digital communication systems, and internet-based financial activities have introduced new challenges to criminal law enforcement, especially concerning the validity and evidentiary weight of electronic evidence. This study aims to analyze the weaknesses of the current electronic evidence system in cyber fraud cases and to formulate a legal reconstruction model capable of strengthening the evidentiary mechanism within Indonesia's criminal justice system. This study employs a normative legal research method utilizing statutory, conceptual, and case approaches. The legal materials consist of legislative regulations, court decisions, academic journals, and legal doctrines pertaining to electronic evidence and cybercrime. The findings indicate that the existing evidentiary framework remains fragmented, overlapping, and insufficiently adaptive to technological developments. In practice, investigators, prosecutors, and judges frequently encounter difficulties in establishing the authenticity, integrity, and admissibility of electronic evidence. This study further reveals that limited digital forensic capacity and the absence of comprehensive procedural standards contribute to legal uncertainty in the adjudication of cyber fraud cases. Accordingly, legal reconstruction is necessary through the harmonization of procedural law, the strengthening of digital forensic institutions, the standardization of electronic evidence verification, and the modernization of criminal procedure law in a manner responsive to technological progress. Such reconstruction is expected to bring about a more effective, equitable, and legally certain criminal justice system in the handling of cyber fraud offenses in Indonesia.