Pembaruan Sistem Pembuktian Pidana Indonesia Berdasarkan KUHAP 2025

Abstract

The reform of criminal procedure through Law Number 20 of 2025 has altered Indonesia’s evidentiary architecture, which previously relied on a closed catalogue of legally recognized evidence. The central legal issue is not merely the addition of new forms of evidence, but whether this openness is accompanied by mechanisms capable of preventing the use of unauthentic, illegally obtained, unreliable, or untestable material. This study analyzes reforms to evidentiary categories and proof mechanisms and assesses their adequacy in safeguarding legal certainty and human rights. It employs normative legal research using statutory, conceptual, case, internal-temporal comparative, and analytical approaches. The findings show that the 2025 Criminal Procedure Code recognizes physical evidence, electronic evidence, judicial observation, and a residual evidentiary category; requires authentication and lawful acquisition; and provides for the exclusion of defective evidence. The study’s novelty lies in conceptualizing a controlled-open evidentiary system through four dimensions: openness of evidentiary forms and sources, admissibility gatekeeping, adversarial testing, and judicial assessment of weight and reasoning. This model strengthens categorical certainty and due process, but procedural certainty remains incomplete regarding source independence, double counting, disclosure, burden of proof, chain of custody, derivative evidence, limits on judicial observation, and the conviction standard. Effective reform therefore requires clearer norms, Supreme Court guidance, and cross-institutional forensic standards