LEGAL ANALYSIS OF THE
USE OF DNA FORENSIC EVIDENCE IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM
Suryo
Wijoyo1, Suparno2
Universitas Borobudur, Indonesia
[email protected]1, [email protected]2
Abstract:
The use of forensic DNA evidence in the
criminal justice system in Indonesia faces various challenges, especially
related to regulations that are not fully aligned with international standards.
Law No. 8 of 1981 concerning the Criminal Procedure Code (KUHAP), especially
Articles 184 and 186, does not provide specific guidelines regarding the
procedures for collecting, testing, and using forensic DNA evidence in the
criminal evidence process. This study aims to analyze the regulations and
procedures governing forensic DNA evidence in Indonesia and propose legal
solutions to strengthen the regulations to comply with international standards.
This study uses a normative legal research method, focusing on the analysis of
relevant laws, legal doctrines, and court decisions. Discussions center on the
harmonization of national regulations with international standards,
strengthening the capacity of forensic institutions, and reforming legal
procedures related to DNA evidence. The research findings indicate that
Indonesia needs more comprehensive regulatory reforms related to the use of
forensic DNA evidence, especially regarding the accreditation of forensic
laboratories according to international standards such as ISO 17025 and the
development of transparent and legally accountable evidence collection
procedures. In conclusion, although DNA evidence has great potential to
strengthen convictions in the criminal justice system, regulatory reform and
strengthening of forensic institutions are needed for the Indonesian justice system
to adopt higher international standards. Thus, the use of forensic DNA evidence
can contribute significantly to justice in criminal law enforcement in
Indonesia.
Keywords : Forensic
Evidence; Criminal Law; Regulations��������������������������������������������������
Corresponding
: Suparno
E-mail: [email protected]
INTRODUCTION
Evidence is a
central element in the criminal justice system in Indonesia, which aims to
ensure that justice is served fairly and lawfully. Without adequate evidence,
the criminal justice system will struggle to reach the right decision,
especially in serious cases involving significant criminal threats. The
Indonesian criminal justice system relies on the Criminal Procedure Code
(KUHAP), which regulates the procedures for presenting evidence in court.
Article 184 of the Criminal Procedure Code states that valid evidence consists
of witness statements, expert testimony, documents, indications, and statements
from the accused (Article 184 of the Criminal Code). Over time, technological
advances have enabled the introduction of scientific evidence, such as forensic
DNA evidence, which offers a high level of accuracy in the criminal evidence
process. This is crucial to reducing the risk of legal errors that could
unjustly deprive someone of their liberty or even their life.
Forensic evidence,
especially DNA, plays an increasingly significant role in supporting the
evidentiary process in court. This evidence allows the court to confirm the
involvement or acquittal of the accused based on objective scientific data. DNA
is unique evidence because each individual has a different DNA profile,
providing a much higher level of certainty than other types of evidence
(Sandwinata, 2019). This evidence can be used in a variety of cases, from
murder to sexual assault. In the Indonesian context, although the courts have
begun to accept the use of DNA evidence, regulatory and procedural challenges
still hamper its optimal implementation. This highlights the importance of an
in-depth legal analysis of forensic evidence in system justice criminal .
Internationally, the
use of forensic DNA evidence has long been recognized as an important tool in
the law enforcement process. Countries such as the United States and the United
Kingdom have developed legal frameworks that support the widespread use of forensic
evidence in their criminal justice systems. In the United States, for example,
the Innocence Project has used DNA evidence to exonerate more than 300
individuals wrongfully convicted of serious crimes, including murder (Medwed,
2017). This experience underscores the potential of forensic DNA evidence to
correct errors in the criminal justice process and strengthen the principle of
substantive justice. In many cases, DNA evidence is used to confirm the
involvement of the accused and to prevent the innocent from being convicted
(Ratna Pertiwi, 2015).
The application of
DNA evidence in these developed countries has had a significant impact on the
reform of their criminal justice systems. For example, the Criminal Justice Act
2003 in the UK provides clearer guidelines for the admissibility of scientific
evidence in court, including DNA evidence. This law emphasizes the importance
of validity and reliability in the collection and analysis of scientific
evidence. The experiences of these countries provide valuable lessons for
Indonesia in developing more comprehensive regulations for DNA evidence in the
criminal justice system. In Indonesia, regulations related to the use of DNA
evidence are still scattered across several laws, including Law No. 8 of 1981
concerning the Criminal Procedure Code (KUHAP). However, there are no specific
provisions that regulate in detail the standards for the collection and
validity of forensic DNA evidence.
In Indonesian law,
the regulations regarding forensic DNA evidence are still not adequately
defined. This can be seen from the lack of specific rules governing the
procedures for collecting and analyzing DNA evidence in criminal proceedings.
Nevertheless, DNA evidence is often an important tool in serious criminal cases
such as murder and rape. Several legal and forensic experts in Indonesia have
emphasized the importance of legal reform in this regard. According to experts
such as Sudikno Mertokusumo, the collection and processing of scientific
evidence must comply with strict standards to ensure its validity in court.
Awareness of the importance of standards for collecting and analyzing evidence
has also been discussed in various scientific discussions and studies. in law
forensics. Although has There is While some steps have been taken towards the
acceptance of DNA evidence in Indonesian courts, various legal and technical
challenges still hamper its optimal use.
One of challenge
main in law enforcement is the lack of uniformity regarding the use of DNA
evidence, in terms of evidence collection in the field and analysis conducted
by forensic laboratories. In addition, the lack of clear legal guidelines often
leads to confusion among judges when assessing the validity and relevance of
DNA evidence. As a result, court decisions involving DNA evidence are often
inconsistent, highlighting the need for the formulation of more definitive and
comprehensive regulations.
The limited capacity
of forensic laboratories in Indonesia is also a significant obstacle to the
application of DNA evidence in the justice system. In many developed countries,
quality forensic laboratories have become a key element in supporting the validity
of scientific evidence in court. However, in Indonesia, the lack of facilities
and personnel trained in DNA analysis remains a significant obstacle. Recent
research has shown that forensic laboratories in Indonesia often lack adequate
equipment and trained personnel to handle cases involving DNA evidence in a
timely and accurate manner. This highlights the critical need for increased
technical capacity and investment in this area.
Therefore, this
study will focus on the legal analysis of forensic DNA evidence in the
Indonesian criminal justice system, aiming to identify existing challenges and
offer solutions based on international best practices. By referring to the
development of forensic law in other countries and the current situation in
Indonesia, this study is expected to provide real contributions to the
development of better regulations regarding the use of forensic DNA evidence in
Indonesia, which ultimately helps in achieving fairer and more appropriate
justice in criminal proceedings.
Forensic DNA
evidence is considered as scientific evidence with a high level of accuracy,
capable of making a significant contribution to justice in resolving criminal
cases. For example, cases involving murder and sexual violence often present
DNA evidence as a strong evidentiary tool (Rianti et al., 2020). In this
context, the use of forensic DNA evidence signifies the increasing attention to
the integration of scientific technology in the criminal justice system in
Indonesia.
On the other hand,
the application of DNA evidence in the Indonesian criminal justice system is
not without various legal and procedural challenges. Although DNA evidence has
great potential to strengthen charges or exonerate defendants, there is a clear
regulatory gap regarding the procedures for collecting and managing this
evidence. For example, Law No. 8 of 1981 concerning the Criminal Procedure Code
(KUHAP) does not explicitly regulate the use of DNA evidence in the evidentiary
process in court. This raises concerns about the legitimacy and validity of DNA
evidence, especially in cases where the collection and analysis do not comply
with international standards.
In several major
criminal cases in Indonesia, DNA evidence has been successfully used to secure
justice. One of the highlighted cases is a murder case that occurred in Bali in
2017, where DNA evidence was used to accurately identify the perpetrator. This
case shows that the application of forensic technology, including DNA, can
improve accuracy in the criminal justice process. However, although DNA
evidence is often key evidence, some legal experts argue that there are still
challenges in ensuring that evidence collection is carried out correctly and in
accordance with applicable legal procedures.
Not all applications
of DNA evidence in Indonesia have been without controversy. One of the most
contentious cases involved a sexual assault that occurred in Jakarta in 2019,
where the use of DNA evidence was questioned due to concerns that the collection
procedures did not meet proper standards (MBS Silaban et al., 2023). The use of
evidence that is not properly collected can cast doubt on the evidentiary
process and potentially damage the integrity of forensic results. This
underscores the need for stricter and more detailed regulations regarding the
operational standards for DNA evidence collection and analysis in Indonesia.
The absence of clear
regulations regarding forensic DNA evidence in Indonesia can be seen as a legal
gap that requires serious attention. Currently, the laws and regulations
governing the use of DNA evidence are still limited and fragmented, which can
affect the consistency of its application in court (Simanjuntak, 2012). Several
legal experts have proposed the need to revise or update the Criminal Procedure
Code to include detailed regulations regarding scientific evidence, including
DNA evidence. In this regard, other countries such as the United States and the
United Kingdom have adopted detailed regulations regarding the use of forensic
DNA evidence in their criminal justice processes.
In the context of
international law, regulations governing the use of DNA evidence in several
developed countries provide important examples for Indonesia (Nikhio et al.,
2023). In the United States, for example, the DNA Identification Act of 1994
provides a comprehensive legal framework for the collection, storage, and use
of DNA evidence in criminal proceedings. Meanwhile, in the United Kingdom, the
Police and Criminal Evidence Act 1984 (PACE) provides clear guidelines for
managing DNA evidence, including collection procedures and guarantees of human
rights protection. Lessons learned from these international practices can form
the basis for developing more good in Indonesia.
Increasing use DNA evidence in Indonesia's criminal justice system shows the
urgent need for legal reform.
More
regulations comprehensive not only is it necessary to regulate the
technical procedures for collecting and analyzing DNA evidence but also to
guarantee the validity and legitimacy of this evidence in court. This update
should also take into account the principles of human rights protection, given
that DNA evidence is highly sensitive and can significantly influence life
individual. With the more the complex case criminal cases involving scientific
evidence, the Indonesian criminal justice system needs to adopt a more
evidence-based and scientific approach. The use of accurate and valid DNA
evidence can be an important tool to improve the quality of law enforcement and
justice in Indonesia.
The main challenge
in the application of forensic DNA evidence in Indonesia is the lack of comprehensive
regulations regarding the collection, processing, and presentation of this
evidence in court. The absence of standard operating procedures regarding DNA
collection and testing often raises doubts about the legality of such evidence
in the eyes of the law. In certain cases, DNA analysis results that do not
follow standard procedures can be considered invalid and ultimately rejected as
valid evidence by the court. This creates legal uncertainty regarding the use
of DNA evidence in the Indonesian criminal justice system.
Clear and firm
regulations are essential to ensure the lawful and consistent use of DNA
evidence. In comparison, several developed countries such as the United States
and the United Kingdom have adopted specific regulations related to DNA
evidence through standards such as the Daubert Standard in the United States,
which sets strict criteria for scientific evidence in court. In Indonesia,
there is no equivalent standard, so it is necessary to develop regulations
regarding scientific evidence, including DNA, to compete on a global scale.
Without this legal reform, the Indonesian justice system risks losing public
trust in the validity of evidence-based scientific evidence (Saks & Faigmain, 2008).
In addition, another
problem is the inadequate infrastructure to support DNA collection and analysis
in Indonesia. Until now, only a few forensic laboratories in Indonesia are able
to conduct DNA analysis with accuracy and validity recognized by international
standards. This limitation results in delays in the evidence collection process
and high costs, adding to the burden on parties involved in the legal process.
Therefore, efforts are needed to increase the capacity of forensic laboratories
throughout Indonesia to support the use of DNA evidence more effectively and
efficiently.
The process of collecting
and processing forensic DNA evidence in Indonesia also faces significant
challenges in terms of legal certainty. Standards used in DNA sampling and
processing methods often vary between different law enforcement agencies and
forensic institutions. This lack of uniformity can affect the validity and
legality of DNA evidence when presented in court. Forensic experts argue that
the lack of rules regarding DNA collection and analysis protocols makes this
evidence vulnerable to manipulation or contamination, which in turn can
undermine the fair and objective evidentiary process in criminal trials.
In practice, the
admissibility of DNA evidence in court also faces significant obstacles due to
the lack of regulations governing the criteria for the approval of such
forensic evidence. Article 184 of the Criminal Procedure Code states that valid
evidence consists of witness statements, expert statements, documents,
indications, and statements from the accused. However, there are no explicit
provisions relating to scientific evidence such as DNA in this category. As a
result, judges often have to use their discretion in determining whether DNA
evidence should be accepted as valid, while also facing the challenge of a lack
of clarity regarding the procedural admissibility of this evidence in court.
Legal practice in
Indonesia also faces major challenges related to the use of DNA evidence as
valid evidence in court. One of the most striking challenges relates to the
increasing questioning of the scientific methods involved in DNA testing, both
by legal practitioners and judges. The use of complex DNA technology requires
investigation of the scientific principles underlying this evidence, and this
often poses a barrier to its application in the Indonesian justice system,
which is still unfamiliar with modern scientific evidence. According to
research from international forensic journals, this gap in technical knowledge
can lead to inaccuracies in evaluating DNA evidence.
Improving legal
knowledge among practitioners in managing DNA evidence is also one factor that
can improve the situation. In several other countries, regulations regarding
the collection and processing of DNA evidence are integrated with independent
forensic institutions that have the authority to validate the authenticity of
the evidence before being submitted to the court (Ratnawati & Ruslie,
2023). Meanwhile, in Indonesia, these regulations have not been fully
developed, so that the evidence submitted to the court is inadequate,
increasing the risk that this evidence will be rejected due to the lack of
legal certainty. adequate about its authenticity.
Indonesia�s criminal
justice system also grapples with challenges related to the integrity of
forensic laboratories that perform DNA analysis. In some cases, there have been
reports of inconsistent DNA test results submitted by laboratories that do not
meet international standards. Indonesian National Police Regulation No. 10 of
2009 concerning Procedures for Collecting, Storing, and Forensic Biological
Evidence states the procedures for collecting biological evidence, especially
DNA sampling, but this regulation does not yet cover the more detailed and
comprehensive technical aspects of forensic DNA evidence.
On the other hand,
harmonization between domestic regulations and international standards
regarding DNA evidence is also a serious concern. Indonesia has not fully
adopted international standards recognized by various global forensic
organizations regarding the management of DNA evidence (Prakasa, 2020). This
situation results in significant differences in the interpretation and
application of standards between the Indonesian justice system and other
countries, especially in transnational criminal cases that require similar
international cooperation.
Therefore, there is
a need for a comprehensive update of the regulations that cover the legal gaps
in the use of forensic DNA evidence in Indonesia. More comprehensive provisions
that are in line with the development of modern forensic technology must be
developed so that DNA evidence can be used as valid and effective in the
criminal justice process. This reform also needs to include improved training
for legal practitioners and the establishment of independent and
internationally accredited forensic laboratories.
RESEARCH
METHOD
Study This based on the approach law normative , which is special focus on studies documents law,
principles juridical, as well as various decision relevant court in
develop appropriate solution with problem the law under study. Data used
in study This originate from source primary and secondary law, including law,
doctrine law, and jurisprudence, which are selected in a way careful For ensure
that all information taken contribute direct to objective study.
Study This implemented in range time
certain that have been set, which allows systematic and consistent data
collection. Data collection is carried out at locations certain relevant
with the issues discussed, ensuring that the data collected representative and
supportive findings research. Population and sample study This involving
various source law and decision the court that has relevance direct with the
topic being studied, so that can give corner complete view.
Instruments used in study This is
various device designed analysis For identify,
classify, and interpret relevant legal data. Instruments This help in separate
significant information from the less relevant, possible focus on the
elements important that contributes to understanding more in about topic. Data
collection techniques in study This involves the process of collecting legal
data through various source trusted, such as journal law, book text, article
scientific, and documents official. This process ensure that all the
information used is valid, authentic and can be accountable in a way academic.
Sources the Then filtered through strict criteria For
ensure relevance and currency of data.
Data analysis techniques used in study
This aiming For approach problem law with objective
and systematic perspective. Data analysis was carried out with in -depth and
multilevel methods, allowing researcher For explore
connection between theory, principle law, and applications in practice in
context the problem studied. Data obtained analyzed through a process that
involves testing hypothesis as well as mapping connection between variables
existing law. With approach this, research This expected can give applicable
solution to the problems being studied, as well as give contribution
theoretically possible used in studies law furthermore.
RESULTS
AND DISCUSSION
Regulations on the Collection,
Processing, and Receipt of Forensic DNA Evidence in the Indonesian Criminal
Justice System
The collection, processing,
and admissibility of forensic DNA evidence in the Indonesian criminal justice
system has become a significant issue that needs to be addressed, given the
potential of this evidence to contribute to a more just and fair resolution of
criminal cases. The legal system in Indonesia, despite having incorporated the
use of scientific evidence, including forensic evidence, under Law No. 8 of
1981 on the Criminal Procedure Code (KUHAP), still faces various challenges in
the application of DNA evidence. Comprehensive guidelines on the collection,
processing, and admissibility of forensic DNA evidence in the criminal justice
system are essential to ensure the validity of this evidence in court.
The criminal justice
system in Indonesia has established legal provisions on the collection of
evidence based on Article 184 of the Criminal Procedure Code, which states that
valid evidence consists of witness statements, expert statements, documents, indications,
and statements from the accused. In the case of forensic DNA, these provisions
must be implemented in accordance with specific criteria for the evidence to be
admissible in court. This article does not explicitly categorize forensic DNA
evidence as valid evidence but can be included in "expert statements"
or "indications".
In Indonesia,
regulations surrounding the collection of DNA evidence generally follow
guidelines set out in various documents, such as the Regulation of the National
Police of the Republic of Indonesia No. 10 of 2009 concerning Procedures for
the Collection, Storage, and Forensic Biological Evidence. This regulation
discusses the procedures for the collection and processing of biological
evidence that requires scientific analysis, including the collection of DNA
samples. DNA sample collection must be carried out by authorized personnel,
usually by a police forensic team, while adhering to protocols that protect the
integrity and validity of the sample.
In the process of
collecting DNA evidence, various things must be handled, including collecting
samples from the crime scene, transporting samples to the forensic laboratory,
and storing and maintaining samples in a contamination-free manner. All of these
processes are very important to ensure that the DNA evidence collected meets
scientific and legal standards in court. If there is an error in the sample
collection process, the resulting evidence may be considered invalid in
enforcing the judge's decision.
DNA evidence
processing in a forensic context is also guided by various regulations that aim
to ensure the validity of evidence in court. In Indonesia, DNA analysis is
carried out by forensic laboratories operating under the police or other
government agencies (BAM Silaban, 2023). This processing stage includes
scientific analysis of DNA samples to determine matches with potential suspects . suspect or victim.
Among the relevant
regulations is the Regulation of the Minister of Health No. 62 of 2016
concerning the Organization of Forensic Laboratories. This regulation provides
standards regarding forensic laboratories, including DNA testing procedures,
and sets out the criteria that must be met by forensic laboratories to ensure
the success of DNA analysis is admissible in court. Laboratories that process
forensic DNA evidence must comply with international standards established
through the application of DNA analysis, as mandated by international law.
In this regard, it
is important to note that every stage in DNA evidence processing�from
extraction, amplification, to interpretation of results�must be properly
documented under a clear standard operating protocol (SOP) to ensure that the
analysis results are not affected by external contamination or other technical
errors (Hadi et al., 2018). In Indonesia, DNA analysis results are often
important evidence in court during the trial process, especially in cases
involving serious crimes such as murder and sexual violence.
The admissibility of
forensic DNA evidence in court involves Articles 183 and 184 of the Criminal
Procedure Code. Under these provisions, a judge may not rely solely on one type
of evidence; however, if a judge gains confidence in the evidence, it may be
considered valid when used as part of a criminal proceeding. In this context,
scientifically proven DNA evidence may serve as an important element in a
criminal case.
However, in
high-profile cases regarding the use of DNA evidence as legal evidence in
Indonesian courts, several issues have generally led to disagreements on
whether DNA evidence should be accepted based on the lack of consistency in the
interpretation and application of the law. One example is the case of Puitri
Aisyah in the West Jakarta District Court, where DNA evidence presented as
original evidence in a murder case was compromised by allegations of
contamination during the sampling process. Although DNA analysis confirmed the
involvement of the suspect, the court ultimately rejected the evidence due to
serious contamination issues, raising concerns about its validity and
reliability. forensic DNA evidence.
The previous
discussion highlights that the application of forensic DNA evidence in the
Indonesian criminal justice system should be seriously considered. It is
essential that comprehensive regulations covering the procedures for collecting
and processing DNA evidence ensure its validity and reliability in court.
Challenges in the application of
forensic DNA evidence as valid evidence in Indonesian courts, particularly
regarding standards of evidence collection and validity.
The use of forensic
DNA evidence in the Indonesian criminal justice system continues to face
various challenges, especially related to the standards of evidence collection
and validity as stipulated by law. Although DNA is scientifically accepted as a
valid type of evidence to identify individuals involved in criminal acts, its
application in the legal context in Indonesia is often hampered by regulatory
constraints and practices. Several critical issues regarding procedural,
technical, and legal aspects need to be analyzed to identify how courts in
Indonesia accept this forensic DNA evidence as valid evidence.
According to Law No.
8 of 1981 concerning the Criminal Procedure Code (KUHAP), specifically Article
184, evidence in the criminal justice process consists of five types, namely
witness statements, expert statements, documents, indications, and statements
of the accused. Forensic DNA evidence is technically categorized into
"expert statements" and "indications" which are
characterized as scientific (Motian & Pura, 2024). However, the
determination and presentation of the validity of this evidence in court must
comply with the procedural standards outlined in the relevant laws and
regulations, but this has not been explicitly regulated in the current legal
framework.
One of the
challenges involves standardizing procedures related to DNA sample collection.
DNA sample collection must follow strict protocols to ensure the authenticity
of evidence in court. Article 10 of the Indonesian National Police Regulation
No. 10 of 2009 concerning the Collection, Storage, and Forensic Biological
Evidence outlines that DNA sampling must be carried out by forensic
investigators, using protocols that protect against contamination to maintain
sample integrity. However, in practice, variability in operational
implementation among forensic personnel can result in differing adherence to
scientific standards, raising doubts about the integrity of DNA evidence when
presented in court.
In addition, the
challenges in the admissibility of DNA evidence in Indonesian courts are
pronounced in its interpretation. Article 184 of the Criminal Procedure Code
states that valid evidence includes expert statements, which indicates the need
for scientific validity. Inconsistencies in standards for DNA collection and
analysis procedures can cause problems regarding the admissibility of such DNA
evidence in various court decisions. The handling of DNA evidence becomes a
critical point in the judicial process against the backdrop of deviations in
interpreting the standards set by judicial authorities in assessing the
validity of such evidence.
As highlighted in
the case of Puitri Alisyah, DNA evidence was presented as primary evidence in a
murder case; however, the submission was questioned, leading to significant
debate regarding contamination during sample collection. Although DNA analysis
pointed to the involvement of the suspect, the court ultimately rejected this
evidence due to contamination, pointing out that DNA collection must follow
strictly outlined procedures that are adhered to by regulations and standards. court .
Legal solutions to strengthen
regulations and procedures for the use of forensic DNA evidence in the
Indonesian criminal justice system to align with international standards.
The use of forensic
DNA evidence in the Indonesian criminal justice system has made significant
progress in recent years. However, several challenges remain, particularly
regarding regulations relating to the validity and procedures for collecting
this evidence in line with international standards. Some proposed legal
solutions aimed at strengthening regulations and procedures for the use of
forensic DNA evidence can be outlined in legislative reform, adopting
international standards, and improving institutional capacity to maintain the
integrity of the forensic process.
One important
element in addressing the challenges of implementing forensic DNA evidence is
aligning domestic regulations with international standards. International
standards such as those set by the European Network of Forensic Science
Institutes (ENFSI) and the International Organization for Standardization (ISO
17025) have outlined procedures for the collection, analysis, and presentation
of DNA evidence in court with specific criteria. Adopting these standards will
improve the reliability and integrity of DNA evidence presented in Indonesian
courts.
In addition,
improving the accreditation of forensic laboratories in Indonesia with
international standards, such as ISO 17025, is essential in facilitating the
performance of laboratories and the credibility of their findings. This is
crucial to maintaining public confidence in forensic results and ensuring that
DNA evidence presented in court meets globally recognized standards for
accurate and reliable forensic analysis.
In addition, reform
of procedural regulations regarding the use of forensic DNA evidence should be
prioritized, with a focus on transparent procedures relating to the chain of
custody of evidence, valid scientific analysis, and processes to ensure compliance
with protocols. Adopting best practices from other jurisdictions that have
effectively utilized forensic DNA evidence can help improve Indonesia�s
criminal justice system by ensuring that appropriate standards of evidence are
upheld in legal proceedings.
National reforms to
the regulations governing the collection and processing of forensic DNA
evidence should also take into account the principles of protecting individual
rights, ensuring that the rights of those involved in legal proceedings
surrounding the use of DNA are not compromised. The establishment of clear
rules regarding the requirements for consent for DNA collection and regulations
ensuring the confidentiality of sensitive personal information should be
combined with technical improvements, to ensure compliance with international
human rights standards.
In conclusion, the
use of forensic DNA evidence in the Indonesian criminal justice system has
shown significant progress; however, many challenges remain that require urgent
attention to uphold the validity and admissibility of this evidence. Current
regulations, such as the Criminal Procedure Code and other forensic
regulations, have established the legal basis for the utilization of DNA
evidence, but further efforts are essential to improve practical implementation
and strengthen the credibility of the evidence presented. in system justice.
CONCLUSION
The application of forensic DNA evidence in
the Indonesian criminal justice system has significant potential to improve the
legal process; however, there are still several challenges that require
attention. Aligning national regulations with international standards is
essential to ensure that DNA evidence is valid and admissible in court.
Increasing the interoperability of forensic
institutions in Indonesia and improving laboratory accreditation standards are
key factors that can contribute to the integrity of DNA evidence applied in
criminal cases. International accreditation for forensic laboratories in
Indonesia will increase public confidence in the results of forensic
examinations and ensure that DNA evidence presented in court meets
internationally recognized quality standards.
Reforming legal procedures related to the
collection and utilization of DNA evidence in the Indonesian criminal justice
system requires the introduction of transparent standards regarding the chain
of custody of evidence, valid scientific analysis, and properly established
procedures. Adopting best practices from other jurisdictions that have
successfully utilized forensic DNA evidence will also contribute to improving
the Indonesian criminal justice system to achieve greater alignment with
international standards. Therefore, legal reform and forensic capacity building
are needed to ensure that the Indonesian criminal justice system evolves
towards compliance with international legal norms.
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