The Urgency of Legal Regulation on the Use of Clinical DNA Tests as Evidence in Criminal Accountability in Indonesia

Abstract

Clinical DNA testing as evidence in criminal liability is increasingly relevant along with the development of forensic technology. However, the criminal procedure law system in Indonesia, as regulated in the Criminal Procedure Code (Law No. 8 of 1981), has not explicitly accommodated the position of DNA testing as independent evidence. The use of DNA so far can only be categorized in expert testimony, which has raised debate regarding its evidentiary strength. Meanwhile, clinical DNA testing is also closely related to human rights protection, especially genetic privacy, as regulated in Law No. 27 of 2022 concerning Personal Data Protection. By referring to the latest Health Law (Law No. 17 of 2023) and developments in international practice, specific regulations on procedures, validity of results, and protection of DNA data are very urgent to avoid judicial errors and misuse of scientific evidence. This study uses a normative legal method with a statutory and conceptual approach. The results indicate that there is a need for an update to criminal procedure law to recognize clinical DNA testing as separate evidence while ensuring strict procedural standards. Thus, using scientific evidence can provide optimal contributions to the enforcement of criminal justice in Indonesia without ignoring the basic rights of individuals.