The Convergence of Quantum Computing and Criminal Evidence Law: Rethinking the Admissibility of Electronic Evidence in the Digital Era Abdurrahman (1*), Qorina Khoirunisa (2)
(1) Faculty of Law, Universitas Sriwijaya, Indonesia
*abdurrahman[at]fh.unsri.ac.id
(2) Faculty of Sharia and Law, Raden Fatah State Islamic University (UIN), Indonesia
Abstract
The advancement of emerging digital technologies has created new challenges for existing legal frameworks, particularly concerning electronic evidence, which has been recognized as a valid form of evidence under criminal procedural law. The management of electronic evidence faces several challenges, including the vulnerability and volatility of digital data, encrypted technologies, and cross-border jurisdictional complexities. The emergence of quantum computing is expected to significantly transform digital security systems. Its ability to break current cryptographic algorithms may jeopardize the authenticity, integrity, and confidentiality of electronic evidence, while simultaneously providing opportunities for law enforcement through enhanced decryption and digital forensic capabilities. These developments raise concerns regarding the preparedness of criminal procedural law in responding to technological advancement. This study examines the implications of quantum computing for electronic evidence admissibility, evaluates the existing legal framework, and proposes directions for criminal procedural law reform. Using a doctrinal legal research method with statutory, conceptual, and comparative approaches, this study finds that quantum computing does not currently affect the legal admissibility of electronic evidence but may compromise the reliability of mechanisms ensuring authenticity, integrity, and non-repudiation. Therefore, legal reform should focus on strengthening electronic evidence regulation, establishing authentication and integrity standards, harmonizing relevant regulations, and implementing post-quantum cryptographic standards.
Keywords: Electronic Evidence, Quantum Computing, Criminal Procedure, Evidence Law
Topic: Technological Moderation for Collective Legal Response (Legal Innovation- Collaborative Regulation- Technology and Law)
