An Electronic Court in the Perspective Criminal Law Reform

Abstract

The Corona Virus Disease-2019 (Covid-19) pandemic that hit Indonesia and the world demands changes in behavior and habits in life. The education, economic, social, and even legal sectors are affected to immediately implement new patterns in carrying out their activities. Including in the court process which was originally conducted face to face or presenting all parties in the same room, efforts must be made to implement a new pattern to minimize the spread of Covid-19. The electronic court has emerged as a new concept in the examination of criminal cases. With the pattern of examinations carried out in separate rooms that are connected through the media with information technology facilities, whose implementation mechanism is regulated by taking into account the principles of criminal procedural law, it is hoped that it can fulfill a sense of justice for litigants. In this study, we will examine how an electronic court can create a modern criminal justice system following the concept of reforming the national criminal law. This research is normative legal research using a conceptual approach and legislation. From this research, it can be seen that the electronic court is not appropriate if it is said to be a momentary reaction due to the pandemic but is a challenge of globalization for the future of Indonesian criminal law where criminal law reform must always be responsive to the development of science and technology to increase the effectiveness of its functions in society, namely law enforcement.

Electronic Criminal Trial Reform That Guarantees Due Process Of Law

“…Based on PERMA Number 1 of 2019 and SEMA Number 1 of 2020 in Preventing the Spread of Covid-19 in the Supreme Court and Lower Judicial Body, as last amended by SEMA Number 6 of 2020. SEMA orders civil, religious, and state administrative cases to be tried through e-litigation, while for criminal cases, jinayat, and military crimes, the Supreme Court of the Court ordered that it be carried out in court for cases where the defendant was detained and the period of detention was not extended again (Mahardhika, 2022).…”