The Utilization of Technology in the Process of Evidence Presentation in Civil Divorce Cases at the Religious Court of Kajen in Decision Number 1278/Pdt.G/2023/Pa.Kajen

Abstract

In civil divorce cases, Evidence Presentation is the presentation of legally acceptable evidence by the litigating parties to the judge in a trial, aiming to strengthen the truth of legal facts at the heart of the dispute. However, in the divorce case with Decision Number: 1278/Pdt.G/2023/PA.Kajen, there was a hindrance in the process of presenting remote witnesses due to their location outside the Pekalongan Regency. Hence, this research aims to examine the utilization of technology in the evidence presentation process in civil divorce cases. This study adopts a juridical-normative approach. The results indicate: (1) the process of presenting remote witnesses using electronic facilities via teleconference aligns with the basic principles of the Implementation of Judicial Authority, where the Court overcomes all obstacles to achieve simple, fast, and cost-effective justice, and (2) electronic information and/or documents can be used as valid evidence as stipulated in Law Number 16 of 2016 amending Law No. 11 of 2008, Articles 5 and 6. This electronic evidence can convince the judge regarding the reasons for the dispute between the husband and wife.