Research Article
Examination of Witnesses in Criminal Case Trials during the Covid-19 Pandemic in Progressive Legal Perspective
@INPROCEEDINGS{10.4108/eai.27-7-2022.2326288, author={Suteki Suteki}, title={Examination of Witnesses in Criminal Case Trials during the Covid-19 Pandemic in Progressive Legal Perspective}, proceedings={Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia}, publisher={EAI}, proceedings_a={IWLEG}, year={2023}, month={1}, keywords={examination of witnesses criminal case covid-19 pandemic progressive law}, doi={10.4108/eai.27-7-2022.2326288} }- Suteki Suteki
Year: 2023
Examination of Witnesses in Criminal Case Trials during the Covid-19 Pandemic in Progressive Legal Perspective
IWLEG
EAI
DOI: 10.4108/eai.27-7-2022.2326288
Abstract
Law is continuously changing, including in terms of the criminal justice system. In this case, the examination of witnesses in court must also adjust to the actual health conditions, mainly related to the Covid-19 pandemic. This article proposes to find out the judge’s obligation to present the witness Mardani Maming while there are juridical reasons for allowing a witness to give testimonies virtually. In this context, the legal status of the summons has been signed by the panel of judges at the Banjarmasin Anti-Corruption Court. At the previous trial, there was an agreement that witnesses could provide information online. Based on the analysis, it is known that the judge does not have a firm basis for delivering a forced summons to Mardani Maming to attend the trial since, according to the provisions of the Regulation of the Supreme Court No. 4 of 2020, trials can be conducted virtually. Therefore, sending a summons to Mardani Maming puts law enforcement ahead of humanity; this action is contrary to progressive law.
