Konstruksi Pembuktian Tempus Delicti dan Locus Delicti dalam Tindak Pidana Siber di Indonesia Pasca Pembaruan KUHP dan KUHAP

Abstract

Determining the time and place of a Cybercrime cannot be reduced to reading a single timestamp, Internet Protocol address, or server location, because the conduct, systems, data, victims, and effects may be distributed across jurisdictions and time zones. This study aims to analyse the evidentiary construction of tempus delicti and locus delicti following the entry into force of Law Number 1 of 2023 on the Penal Code and Law Number 20 of 2025 on the Criminal Procedure Code. It employs normative legal research with statutory, conceptual, case, and limited comparative approaches; legal materials are analysed qualitatively through grammatical, systematic, and teleological interpretation. The findings show that the Elucidation of Articles 10 and 11 of the Penal Code provides three normative points, namely the physical act, the operation of an instrument, and the occurrence of an effect, which must be linked to the elements of the offence. The article proposes a three-layer temporal construction, four locus nodes, a substantial-connection test, and a four-stage test covering legality of acquisition, authentication-integrity, attribution, and relevance-causation. Initial uncertainty about location and the offender's whereabouts is a matter for inquiry, not a ground for rejecting a report or complaint.