Penetapan Tersangka dalam Perkara Pidana Digital Marketing: Analisis Praperadilan dan Kecukupan Dua Alat Bukti

Abstract

The evolution of the global economy toward algorithmic commercial ecosystems has facilitated the mutation of white-collar crime into the cyber dimension, particularly in highly volatile and borderless digital marketing sectors. Within the Indonesian criminal justice system, this technological reality triggers severe normative friction during pretrial hearings (praperadilan), where law enforcement agencies and judges often impose conventional paradigms by validating uncertified screenshots or physical printouts to satisfy the quantitative requirement of "two pieces of evidence" for designating a suspect. Existing legal scholarship predominantly focuses on the technical efficacy of digital forensics at the final adjudication stage, leaving a systemic dogmatic void regarding the intersection of formal criminal procedure and digital evidence governance during the critical phase of suspect determination. This research aims to critically analyze the ratio decidendi of pretrial judges in validating electronic evidence and to construct a framework for integrating global forensic standards into domestic judicial parameters. The doctrinal analysis reveals that reducing electronic evidence to physical printouts without a forensic audit trail constitutes an acute dogmatic flaw that fundamentally violates the due process of law and the mandate of Constitutional Court Decision Number 21/PUU-XII/2014. The novelty of this study manifests in the conceptualization of a hybrid evidentiary parameter that operationally marries the formal requirements of the Criminal Procedure Code (KUHAP) with global material forensic standards, specifically the ISO/IEC 27037 guidelines