Legal Literacy - Proof is the heart of the criminal justice process. It is at this stage that the court assesses whether a criminal act actually occurred, whether the defendant is the perpetrator, and whether all the facts presented have sufficient evidentiary quality to produce a legitimate and fair decision. Therefore, proof should not be understood merely as a matter of "evidence exists or does not exist," but rather as a series of rules regarding types of evidence, methods of obtaining evidence, methods of submitting evidence, methods of testing evidence, and how judges evaluate it in court.

In the context of Indonesian positive law, old articles that rely solely on the construction of the 1981 Criminal Procedure Code need to be updated. New Criminal Procedure Code through Law Number 20 of 2025 was formed to replace the old regime which was considered no longer adequate to face the development of constitutional law, human rights, and information technology. This new law explicitly strengthens the rights of suspects, defendants, witnesses, and victims, improves the authority of investigators and public prosecutors, expands the regulation of coercive measures, introduces guilty pleas and deferred prosecution agreements, and strengthens the pre-trial mechanism.

What is Meant by Evidentiary Parameters?

What is meant by evidentiary parameters are the normative measures used to determine whether a fact can be accepted as part of the evidence and whether that fact has the power to support a criminal decision. In the new Criminal Procedure Code, these parameters are not only found in the list of evidence, but also in the principles of examination in court, protection of freedom of information, the necessity of authenticating evidence, and the judge's assessment of the legality of obtaining evidence.

Thus, evidence in modern criminal procedure law is not sufficiently understood classically as “finding two pieces of evidence and then convicting the defendant”. In the new Criminal Procedure Code, evidence is moving in a stricter direction: evidence must be valid, authentic, relevant, obtained lawfully, and tested in a fair trial before it can be used as a basis for conviction.