Certificate of Electronic Mail as Evidence

PendidikanBekam.com - The publication of THE LAW OF THE REPUBLIC OF INDONESIA NUMBER 11 YEAR 2008 INFORMATION AND ELECTRONIC TRANSACTIONS society ultimately has led Indonesia to be more aware of and understand the new legal system that is the law of cyber (cyber law) or legal telematics. Where the main problems with the enforcement of this law is about power and position of the electronic certificate as proof. 



In Article 1 number 9 and number 12 Law no.11/2008 expressly and clearly define the on electronic signatures and electronic certification that each defined as follows: 

"Electronic Signature is a signature that consists of electronic information attached to, associated or related to other electronic information which is used as a means of verification and authentication. 

Electronic Certificate is a certificate that contains the electronic nature Electronic Signatures and the identity of the subject that shows the legal status of the parties in the Electronic Transactions issued by the Operator Certification Electronic. " 

With the regulation of electronic signatures and certificates in Law. 11/2008 is the law of Indonesia has known the modern law of evidence that looks very much different for this set and referred to the civil law doctrine adopted by Indonesia over the years. 

As is known that in a civil process, written evidence is evidence that the primary and essential. In the civil procedural law known three kinds of letters that can be used as evidence that regular mail, authentic act and deed under the hand. 

Regular mail is a common letter are not made ​​with the intent to serve as evidence of trade correspondence, letters between subordinates with superiors and so on. If then the letter as evidence then it is a complete coincidence. Unlike the regular mail, the Deed is made ​​with intent to serve as legal evidence of an event that has been done. 

Based on the notion of an electronic certificate as contained Article 1 point 9 Uun NO. 11/2008 on Information and Electronic Transaction if it is associated with evidence in the letter referred to in Article 164 HIR the electronic certificate can be classified as a deed so that it can be used as evidence. This is as intended and set forth in Article 5 paragraph (1) the Act which states "Electronic Information and / or Electronic Document and / or prints with a valid legal evidence". 

Further problem is whether the electronic certificate is included under the deed or deed of authentic hand? 

Article 165 HIR adjust the definition of an authentic deed "made by letter or in front of the general staff of the ruling will make it, bring sufficient evidence of both parties and their heirs and all those who got the right thereof, that is about all things, which is in letter and also on listed in the letter as a notice only, but who are then notified that it is just a direct connection with the subject in the deed that ". 

From the definition of Article 165 HIR is listed notion that there is an authentic deed made ​​there created BY and public officials of the ruling before making it. The words "public employee" refers to the notary, judge, bailiff, civil employees and so that in fact is an employee / officer appointed by law. 

Traced to the publication process, as referred to article 1 of the 10 jo. Article 13 of Law no. 11/2008 on Information and Electronic Transaction, the electronic certificate classified as a deed under the hand. 

As evidence of modern, electronic certificate has a formal and material strength of the evidence.Formilnya namely that the right of the parties in the Electronic Transactions are explained and demonstrated the status of legal subjects of each party, as written in the electronic certificate. Materiilnya, that what is described in the electronic certificate is true it is. 

Differences in the strength of evidence a letter with a certificate as evidence of modern electronics is the electronic certificate is not binding for third parties in an electronic transaction. It is set as intended and in Article 12 paragraph (2) letter c of Law no. 11/2008 on Information and Electronic Transaction which states that in the case of Electronic Certificates are used to support the Electronic Signatures, Microsoft co should ensure the correctness and integrity of all information associated with the Electronic Certificate.This means that the power of the electronic certificate as evidence the letter does not have the strength of the evidence out. In short, the evidentiary value of electronic certificate is a free buki that can only be used to make a speculation. 


Sources: http://www.i-tbi.org/2012/07/sertifikat-elektronik-sebagai-alat.html