Digital Evidence Challenges in Cybercrime Enforcement under the 2023 Criminal Code

Abstract

Background: The enactment of the new Criminal Code (Law No. 1 of 2023) represents a significant transformation in Indonesia’s criminal law system, particularly through the integration of cybercrime offenses into the substantive criminal law framework. Objective: This study aims to analyze the dogmatic construction of cybercrime offenses under the 2023 Criminal Code and identify challenges in the management of digital evidence within criminal justice practices following the implementation of the 2025 Criminal Procedure Code (Law No. 20 of 2025). Methods: This research employs a normative-empirical legal method using statutory, conceptual, and comparative approaches. Results: The study reveals an imbalance within Indonesia’s criminal law system based on Lawrence M. Friedman’s legal system theory. While the substantive dimension has developed through modern cybercrime regulations, the structural and cultural dimensions remain limited due to inadequate forensic capacity and digital literacy among legal practitioners. Challenges include the volatility of digital evidence, cross-border retrieval of cloud-stored data, and the application of exclusionary rules when chain-of-custody procedures are defective. Supreme Court Decision No. 1089 K/Pid.Sus/2018 illustrates these systemic challenges. Comparative analysis with Wet computercriminaliteit III in the Netherlands highlights the need for integrated legal reform. Conclusion: Harmonization between substantive and procedural reforms is required through the development of electronic evidence guidelines, standardization of digital forensic procedures, accelerated Mutual Legal Assistance (MLA) mechanisms for cross-border data preservation, and modernization of legal education curricula.