Eksistensi Bukti Digital Ephemeral Message dalam Pembuktian Pidana: Problematika Keabsahan Pembuktian pada Platform Pesan Instan

Abstract

The development of instant messaging platforms equipped with ephemeral message features has created new challenges within Indonesia’s criminal evidence system, particularly regarding the admissibility and probative value of digital evidence that is automatically deleted and does not always leave verifiable forensic traces. The increasing use of such communication technologies raises legal concerns because digital information that disappears after a certain period may be relevant in criminal investigations and judicial proceedings. This condition creates legal uncertainty, as the Indonesian Criminal Procedure Code (KUHAP) and the Law on Electronic Information and Transactions (ITE Law) do not explicitly regulate evidentiary standards for transient digital evidence. This study employs a normative legal research method using statutory and conceptual approaches through the analysis of relevant primary and secondary legal materials. The findings indicate that the admissibility of ephemeral message evidence largely depends on judicial interpretation and the availability of supporting derivative evidence, including screenshots, metadata, and digital forensic outputs. However, its evidentiary strength remains limited because such evidence often lacks complete authenticity, integrity, and traceability, which are essential elements in assessing the reliability of digital evidence. These limitations create juridical challenges throughout the criminal justice process, from investigation and prosecution to judicial examination and final judgment. Therefore, stronger regulatory frameworks, clearer legal standards, and more comprehensive guidelines for the assessment of digital evidence are needed to ensure legal certainty, consistency, and fairness in handling criminal cases involving ephemeral digital communications.