Analisis Putusan Yuridis Informasi Elektronik Sebagai Alat Bukti Yang Sah dalam Kasus Prita Mulyasari

Abstract

The sophistication of Internet technology to penetrate the boundaries of time and distance, so the physical boundaries of the state is no longer a barrier to communication and interaction of the various interests of the community. The ability of the Internet has changed the way of thinking, interacting and act also impacts the law. The law is usually based on something real (physical) but the Internet has changed the real thing into something that is electronic, like send a letter via e-mail. This means requires a broad understanding of the evidence in the trial. However, although the arrangement of the power of e-mail in the trial process but clearly there is no evidence in the form of electronic data in the form of e-mail has been recognized. A case in point is the case of Prita Mulyasari against The RS OMNI INTERNATIONAL, in which case began when Prita Mulyasari write an e-mail or electronic mail containing complaints about the service The RS Pritchard OMNI INTERNATIONAL scattered to various mailing lists that result from it Party RS OMNI INTERNATIONAL felt aggrieved and suing Prita Mulyasari the Civil Code to the Tangerang District Court. From the results of this study, there are three main things that can be inferred. First, that the position / existence of an electronic information as valid evidence in the case of Prita Mulyasari has a clear position that can be seen clearly in the Law No. 11 Year 2008 on ITE Article 5, paragraph 1 to 4, then the electronic evidence is an extension of the tool existing evidence in civil procedure law; Secondly, that these considerations to the case of Prita Mulyasari judge related to electronic information is a consideration that discusses thoroughly the contents of electronic mail or e-mail Prita Mulyasari or electronic information which according to the judges on the district court and the High Court is against the law in accordance with the basis of a lawsuit filed by the Plaintiff, while the level of the Supreme Court of the Supreme Court in a judgment stated that the action was not proven Prita Mulyasari committed an unlawful act. Third, the court ruling against Prita Mulyasari not comply with Law No. 11 Year 2008 on Information and Electronic Transactions that can be seen clearly in all the considerations and decisions that never entirely referring to Law No. 11 Year 2008 on Information and Electronic Transactions.