KEKUATAN HUKUM TANDA TANGAN DIGITAL DALAM PEMBUKTIAN SENGKETA PERDATA MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2008 Tentang Informasi Dan Transaksi Elektronik

Abstract

A digital signature is an electronic signature that functions the same as an ordinary signature on plain paper documents. Digital signatures can actually provide guarantees for document security compared to ordinary signatures. Recipients of electronic messages with digital signatures can check whether the message really came from the correct sender and whether the message was changed after it was signed intentionally or unintentionally in the case of an electronic payment system, other evidence that can be used besides electronic data or digital in the form of a digital signature to be classified. The formulation of this research problem is how the authenticity of digital signatures according to Act Number 11 of 2008 concerning Information and Electronic Transactions and how the legal strength of digital signatures in proving civil disputes is reviewed in Act Number 11 of 2008 concerning Information and Electronic Transactions. The research method used in the preparation of this study is a type of normative research. The results of the discussion in this study are as follows: It needs to be well understood by legal practitioners that an electronic signature, not a scanned signature image is then placed on a document, so that a document is indeed impressed (on a computer monitor screen) already signed off. The definition of an actual electronic signature (according to the ITE Law) can be made in various ways including by a digital code attached to a message sent electronically, which specifically will provide specific identification of the sender. The strength of the burden of proof inherent in the digital signature in terms of the evidence of civil procedural law has the strength of the burden of evidence equivalent to a certificate under the hand (ABT), therefore the strength of the burden of evidence inherent in the signature on an electronic letter is only the strength of formal proof and material evidence.