Disharmonisasi Pengaturan Alat Bukti Digital Dalam UU ITE dan UU Pemilu Pada Penanganan Pelanggaran Pemilu

Abstract

The rapid development of information technology and the intensification of political activity in digital spaces during the 2024 elections have given rise to new forms of electoral violations that require digital evidence-based proof. However, the regulation of digital evidence in the Electronic Information and Transactions Law and the Election Law remains unsynchronized, creating normative disharmony in the handling of electoral violations. This study aims to analyze the forms of disharmony in the regulation of digital evidence and its implications for the process and outcome of electoral violation handling. The research employs a normative legal method using statutory and conceptual approaches, with descriptive-analytical analysis. The findings show that the Electronic Information and Transactions Law explicitly recognizes electronic information and/or documents as valid evidence, whereas the Election Law does not regulate them clearly. This condition leads to differing evidentiary standards, divergent interpretations among law enforcement officers, and legal uncertainty. Consequently, regulatory harmonization is needed so that digital evidence in electoral violation handling can be applied more certainly, effectively, and fairly.