Analisis Proses Pengumpulan Keterangan Dokumen Elektronik dalam Kes Jenayah Syariah.

Analysis on Gathering Process of Electronic Documentary Evidence in Syariah Criminal Cases.

Gathering process of electronic documentary evidence in syariah criminal cases must comply with the syariah principles pertaining to justice and proof, to ensure that electronic documentary evidence gathered is admissible as the basis for conviction in court. Failure to comply with it may cause the authenticity of the electronic documentary evidence being contested as well as fails to assist the court in held a good judgment. The first objective is to identify syariah principles and provisions regarding gathering of electronic documentary evidence under the syariah criminal procedure enactments. Second objective is to analyse loopholes in legal provisions pertaining to gathering of electronic documentary evidence at syariah courts. Third objective is to suggest to relevant legal provision as well as to build up relevant mechanism that supports processes of gathering of such evidence to solve the problems arise. The research adopts pure legal research technique involving research on syariah legal provisions and syariah decided cases. Doctrinal and qualitative approaches are used throughout this research. The research finds that related legal provisions and mechanism pertaining to its gathering process in syariah criminal cases are still vague. Last but not least, the research suggests devising relevant standard operating procedure (SOP) on gathering processes to ensure a more systematic and detailed procedures and processes for electronic documentary evidence. [ABSTRACT FROM AUTHOR]

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