Utilization of Big Data in Criminal Case Disclosure by the Indonesian Police Investigators

Abstract

The benefit of using Big Data in uncovering criminal cases is its ability to trace the digital footprint of criminals. The purpose of this paper is to find out the use of big data in criminal cases by the Indonesian National Police. A digital footprint is a physical copy of photos, voice posts, and a criminal event that can be traced to reveal the perpetrator’s crime. Indonesian Police investigators do not need to spend a lot of time searching and verifying digital footprints because Big Data can be used to collect such information for analysis to find both the criminal events and the perpetrators. The use of big data in disclosing a crime has not been institutionalized in the investigation process carried out by the Indonesian Police investigators, due to the influence of the Negatief Wettelijk Bewijsleer-based proof system applicable in the proof system of the Criminal Procedure Code. The problem of this paper is how to uncover criminal cases by utilizing Big Data. A doctrinal approach was used to answer the problem. The results of the study indicate that the use of Big Data by the Indonesian Police investigators has not been followed by a regulation in the form of a criminal policy in the framework of evidence based on the Criminal Procedure Code. Digital evidence in the legal system in Indonesia has been regulated in the Law on Electronic Information and Transaction, but it has not been followed by an integrated coherence in the criminal proof system in the Criminal Procedure Code.