Research Article
Online Trial, Between the Rights of Security Protection during the Covid-19 Pandemic and Access of A Fair Trial in the Case of Muhammad Rizieq Shibab
@INPROCEEDINGS{10.4108/eai.14-9-2021.2321392, author={Alief Henry Yoseph Kindangen and FX. Joko Priyono and RB. Sularto}, title={Online Trial, Between the Rights of Security Protection during the Covid-19 Pandemic and Access of A Fair Trial in the Case of Muhammad Rizieq Shibab}, proceedings={Proceedings of the 6th International Conference on Social and Political Enquiries, ICISPE 2021, 14-15 September 2021, Semarang, Indonesia}, publisher={EAI}, proceedings_a={ICISPE}, year={2022}, month={9}, keywords={frail trial teleconference cross examination security covid-19}, doi={10.4108/eai.14-9-2021.2321392} }- Alief Henry Yoseph Kindangen
FX. Joko Priyono
RB. Sularto
Year: 2022
Online Trial, Between the Rights of Security Protection during the Covid-19 Pandemic and Access of A Fair Trial in the Case of Muhammad Rizieq Shibab
ICISPE
EAI
DOI: 10.4108/eai.14-9-2021.2321392
Abstract
The using of teleconference in criminal case trials (also known as online trials) in Indonesia was first established based on the Cooperation Agreement dated April 13, 2021 between the Supreme Court, the Attorney General's Office and the Ministry of Law and Human Rights to accommodate the continuance of the criminal justice system in the midst of the COVID-19 pandemic. Until June 2021, there were 859,659 trials held via teleconference throughout Indonesia. Apart from its usefulness, the existence of online trials still leaves a number of problems, namely the legal basis, effectiveness and rights of defendants to a fair trial. Those issues are embedded in the trial of Muhammad Rizieq Shibab (MRS) who refused to have his case tried online and later it was approved by the East Jakarta District Court Judge. This paper will focus on the aspect of a fair trial access for the defendant and on the other hand the right of community to security and order, as well as the judge's considerations in granting the defendant Muhammad Rizieq Shibab's request that the trial be held offline in the midst of the high number of Covid-19 transmissions in Jakarta.