Legal Analysis of the Implementation of Electronic Criminal Case Trial During Covid – 19 Pandemic

Abstract

The Criminal Procedure Code does not recognize the existence of an electronic criminal case trial. Thus, Supreme Court Regulation (Peraturan Mahkamah Agung/Perma) No. 4 of 2020 is insufficient as legal basis. Some policies are contrary to the CPC rules and lead to legal disharmony. This study aimed to determine electronic court implementation before issuance of Perma No. 4 of 2020, during the covid-19 pandemic, and urgency of its implementation in the future. This research method uses a normative juridical approach. The results of this study show that the electronic court implementation is currently in all stages, and all documents used at the time of the trial are carried out electronically. With the developments in technology, information, and communication, it will be possible for electronic courts to continue to be carried out while still applying the fair trial principle and the existence of legal reforms that regulate electronic courts so that the legal basis for its implementation becomes stronger.