KEDUDUKAN PEMBUKTIAN ALAT BUKTI ELEKTRONIK DALAM TINDAK PIDANA PENCUCIAN UANG (Studi Putusan Nomor : 29/Pid.Sus-TPK/2020/PN.Jkt.Pst)

Abstract

ABSTRACT Electronic evidence is regulated in article 73 number (2) of Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering. in decision number 29/Pid.Sus-TPK/2020/PN.Jkt.Pst, with the defendant BT. The formulation of the problem: (1) What is the position of electronic evidence in proving the crime of money laundering (2) What is the basis for the judge's consideration in imposing a crime? This type of research uses normative legal methods. The data sources used are secondary data consisting of primary, secondary, and tertiary legal materials. The data collection technique used a document study and the data were analyzed qualitatively. The results of the study (1) The position of electronic evidence in the crime of money laundering has a very important role. Although electronic evidence has not been regulated in the Criminal Procedure Code, in practice electronic evidence is capable of being evidence that can be considered by judges. (2) the judge in imposing a sentence on the defendant first takes into account the juridical considerations and the non-juridical considerations.