RECHTSVINDING DALAM PENEGAKAN HUKUM PIDANA SIBER: STUDI TERHADAP PERTIMBANGAN HAKIM PADA KASUS KEJAHATAN DIGITAL

Abstract

The development of information and communication technology has led to the emergence of various forms of increasingly complex and dynamic digital crimes. This situation often poses challenges for law enforcement officials, particularly judges, in applying existing legal norms to acts that develop faster than regulations. In such situations, legal discovery or legal discovery becomes a crucial instrument to ensure legal certainty, justice, and expediency in enforcing cybercrime law. This study aims to analyze the forms of legal discovery conducted by judges in their legal considerations in digital crime cases in Indonesia and to examine the legal reasoning methods used by judges in constructing legal arguments when deciding these cases. This study is a normative legal study using statutory, conceptual, and case approaches. The primary legal materials consist of laws and court decisions related to digital crime, while secondary legal materials are obtained from literature, scientific journals, and relevant legal doctrines. The analysis was conducted qualitatively by examining the legal considerations of judges in various decisions in digital crime cases. The results show that judges conduct legal discovery through grammatical, systematic, and teleological interpretation methods to adapt legal norms to developments in information technology. Furthermore, judges' legal reasoning is developed through a process of linking trial facts, electronic evidence, and applicable legal provisions, resulting in rational and accountable legal arguments. Thus, legal reasoning and legal reasoning play a strategic role in maintaining the effectiveness of cybercrime law enforcement in Indonesia.