DIGITAL FORENSIC ETHICS AND ITS IMPLICATIONS FOR THE VALIDITY OF EVIDENCE IN COURT

Authors

  • Adinda Hutabarat Islamic Criminal Law, Faculty of Sharia and Law, State Islamic University of North Sumatra
  • Hanif Rahman Adiyaksa Tambunan Islamic Criminal Law, Faculty of Sharia and Law, State Islamic University of North Sumatra
  • Yardah Annisi Ahdy Sitorus Islamic Criminal Law, Faculty of Sharia and Law, State Islamic University of North Sumatra

Abstract

The development of information technology has increased the intensity of the use of electronic evidence in law enforcement processes, making digital forensics a very important instrument in uncovering technology-based crimes and conventional crimes involving digital devices. However, the effectiveness of digital evidence is determined not only by the technical ability to obtain and analyze evidence, but also by adherence to the principles of digital forensic ethics. This study aims to analyze the relationship between digital forensic ethics and evidentiary validity in court, as well as to examine the implications of ethical violations on the evidentiary value of electronic evidence. The study uses a normative legal research method with a statutory approach, a conceptual approach, and a case approach. Data were obtained through a literature review of laws and regulations, court decisions, scientific literature, and international standards in the field of digital forensics. The results show that the application of ethical principles, such as integrity, objectivity, independence, accountability, professional competence, confidentiality, and maintaining the chain of custody, is a fundamental factor in ensuring the authenticity, integrity, and reliability of electronic evidence. Conversely, violations of these principles have the potential to raise doubts about the authenticity of evidence, reduce its evidentiary value, and even cause evidence to be declared inadmissible in court. This research provides theoretical and practical contributions to the development of regulations and ethical guidelines for digital forensics to enhance the credibility of electronic evidence in the modern justice system.

References

Akinbi, A., & Ojie, A. (2021). Digital forensic investigation models: A review. Forensic Science International: Digital Investigation, 38, 301210.

Alharbi, S., Weber-Jahnke, J., & Traore, I. (2011). The proactive and reactive digital forensics investigation process: A systematic literature review. International Journal of Security and Its Applications, 5(4), 59–71.

Brenner, S. W. (2012). Cybercrime and the law: Challenges, issues, and outcomes. Northeastern University Press.

Carrier, B. (2005). File system forensic analysis. Addison-Wesley Professional.

Casey, E. (2011). Digital evidence and computer crime: Forensic science, computers, and the Internet (3rd ed.). Academic Press.

Garfinkel, S. L. (2010). Digital forensics research: The next 10 years. Digital Investigation, 7(Suppl.), S64–S73. https://doi.org/10.1016/j.diin.2010.05.009

International Organization for Standardization. (2012). ISO/IEC 27037:2012 Information technology—Security techniques—Guidelines for identification, collection, acquisition, and preservation of digital evidence. International Organization for Standardization.

International Organization for Standardization. (2015). ISO/IEC 27041:2015 Information technology—Security techniques—Guidance on assuring suitability and adequacy of incident investigative methods. International Organization for Standardization.

International Organization for Standardization. (2015). ISO/IEC 27043:2015 Information technology—Security techniques—Incident investigation principles and processes. International Organization for Standardization.

Karie, N. M., Venter, H. S., & Choo, K.-K. R. (2019). A review of digital forensic investigation process models. Forensic Science International: Reports, 1, 100008. https://doi.org/10.1016/j.fsir.2019.100008

National Institute of Standards and Technology. (2006). Guide to integrating forensic techniques into incident response (NIST Special Publication 800-86). U.S. Department of Commerce.

Quick, D., & Choo, K.-K. R. (2018). Digital forensic intelligence: Data subsets and Open Source Intelligence (DFINT+OSINT): A timely and cohesive mix. Future Generation Computer Systems, 78, 558–567. https://doi.org/10.1016/j.future.2016.12.032

Republic of Indonesia. (1945). The 1945 Constitution of the Republic of Indonesia.

Republic of Indonesia. (1981). Law Number 8 of 1981 concerning Criminal Procedure Law.

Republic of Indonesia. (2022). Law Number 27 of 2022 concerning Personal Data Protection.

Republic of Indonesia. (2024). Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions.

Solove, D. J. (2021). Understanding privacy (2nd ed.). Harvard University Press.

Downloads

Published

2026-07-30

How to Cite

Adinda Hutabarat, Hanif Rahman Adiyaksa Tambunan, & Yardah Annisi Ahdy Sitorus. (2026). DIGITAL FORENSIC ETHICS AND ITS IMPLICATIONS FOR THE VALIDITY OF EVIDENCE IN COURT. International Journal of Law and Constitution Study, 3(4), 182–201. Retrieved from https://jurnal.asrypersadaquality.com/index.php/ijlacos/article/view/1172

Most read articles by the same author(s)