The Role of Digital Transformation in Fostering Transparency: An e-Court System Case Study

Ahmed, Rozha K.; Ahmed, Omer; Pappel, Ingrid; Reitsakas, Aleksander; Draheim, Dirk

doi:10.1007/978-3-031-15342-6_17

Cited by 2 publications

(2 citation statements)

References 23 publications

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“…Contemporary law, which is the term for legal renewal or discovery by judges, will have an impact and opportunity for judges as fair case breakers to get the opportunity to explore matters that are still considered necessary for review (Ahmed et al, 2022).…”

Section: Resultsmentioning

confidence: 99%

Marriage Law in Religious Court: Regulation and Decision on Marital Property in Sustainable Legal Development

Jambunanda,

Fakhriah,

Supriyatni

et al. 2023

J. of Law and Sust. Develop.

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Objective: The issue of divorce cases in family court has implications, resulting in the division of marital property. The object of the dispute is the house that wants to be divided equally. The case was in court decision No.205/Pdt.G/2016/PA.Ab for first instance, until the appeal process No.01/Pdt.G/2017/PTA.Ab second instance, and Supreme Court No.159K/Ag./2018 third instance and final decision at fourth instance namely review No.6PK/Ag./2019. The difference from all court decisions in the same case is due to avoid discrimination on children's rights. Methods: Qualitative research by using case approach in marriage law concerning marital property, specifically discussing some of the cases and decisions mentioned above, as well as obtaining decisions from related courts that may be reviewed and some supported from the results of religious court reports, although there are some parts of the judgment that are not published on the basis of court secrecy that maintains the privacy of the litigant community Results: The courts of first and second instance determine and divide the objects normatively by 50% presentation, but the courts of third and fourth instance are different and opposite, and in the final judgment, the objects of dispute are suspended and not distributed. Conclusion: The judge's judgment in the case ignored the rights of children who were still young children. If the object of dispute is divided by 50% presentation, the object must be auctioned and sold and the proceeds divided in half, but the litigant has no other place to live to protect the child and will ignore the child who does not have another house to live for the child. So, the judge does not distribute the object until the child is an adult, restoring the right to the child who was neglected after the divorce.

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Section: Resultsmentioning

confidence: 99%

Marriage Law in Religious Court: Regulation and Decision on Marital Property in Sustainable Legal Development

Jambunanda,

Fakhriah,

Supriyatni

et al. 2023

J. of Law and Sust. Develop.

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“…As a result, the adoption of digital technologies within the court system becomes an obligatory measure to enhance transparency, as it offers fresh avenues for court data to be made available, easily observable, and accessible to the general public. Commencing with the incorporation of e-court systems, the digital transformation of courts has been initiated to augment transparency, streamline operations, and maximize the efficiency of court procedures (Ahmed et al, 2022). The role of digital technology in society has sparked discussions on the necessity of policy and regulatory changes to address the impacts it has on various aspects of our lives (Mansell, 2021).…”

Section: Introductionmentioning

confidence: 99%

Digital transformation: creating an effective and efficient court in Indonesia

Amarini,

Saefudin,

Kartini

et al. 2023

LJIH

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This article discusses digital transformation as an effective and efficient paradigm in court services in Indonesia. The Supreme Court has used digital transformation in court administration by developing an electronic court system or e-Court since 2018. However, procedural law has no legal basis related to electronic trials. The development of online dispute resolution is very fast, while procedural principles regarding due process and neutrality must remain the court's main task. In addition, establishing Internet courts involves three fundamental legal ethical principles: restoring the ceremonial aspects of litigation and creating risk management mechanisms between the legal and technological systems. This study aims to analyze the court's efforts to create an effective and efficient trial in Indonesia. A normative legal method was employed, incorporating various approaches such as the statute, conceptual, and comparative approaches. The research results show that the digital transformation policy was incorporated into the 2010-2035 blueprint of the Supreme Court of the Republic of Indonesia, which has brought about the need to accelerate digital transformation in the justice system. Settlement of civil disputes is carried out using an electronic court (e-court) application with an electronic litigation (e-litigation) mechanism. Meanwhile, the criminal trial was conducted through teleconference media. Still, they have encountered obstacles: limited facilities and infrastructure in conducting the trial, such as internet stability in various regions and limited courtrooms with electronic trial equipment. Need to improve infrastructure and improve the quality of human resources.

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The Role of Digital Transformation in Fostering Transparency: An e-Court System Case Study

Cited by 2 publications

References 23 publications

Marriage Law in Religious Court: Regulation and Decision on Marital Property in Sustainable Legal Development

Marriage Law in Religious Court: Regulation and Decision on Marital Property in Sustainable Legal Development

Digital transformation: creating an effective and efficient court in Indonesia

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