Analisis Pembuktian melalui Media Elektronik dalam Perkara Perzinaan Perspektif Hukum Positif dan Hukum Islam di Indonesia

Abstract

The process of evidence in Islamic law and positive law certainly has differences. However, this study focuses on one key issue: the use of electronic media as evidence in adultery cases. The research aims to explore the use of electronic media as evidence in adultery cases from the perspectives of positive law and Islamic law in Indonesia. The researcher employed a normative method, with the primary focus on legislative documents and library materials. The research adopts a descriptive-comparative approach to analyze the use of electronic media as evidence in adultery cases from the perspective of positive law and Islamic law. In this study, the researcher conducted library research to collect primary and secondary data based on documents under investigation, including the Indonesian Penal Code (KUHP), the Criminal Procedure Code (KUHAP), Islamic Criminal Law, as well as legal literature and other relevant writings. To ensure the validity of the data, the researcher applied deductive analysis, starting from general phenomena to specific phenomena. The findings reveal that positive law recognizes the use of electronic media as valid and admissible evidence in adultery cases. Similarly, Islamic law also considers electronic media as valid and admissible evidence in adultery cases, categorizing such evidence as qarinah.