Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Tegal, Indonesia

Research Article

Problems of Implementation of Criminal Jurisdictions Virtually in The Criminal Procedure System

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  • @INPROCEEDINGS{10.4108/eai.28-5-2022.2320492,
        author={Sutrisno  Sutrisno and Achmad Irwan Hamzani and Fajar Ari Sudewo},
        title={Problems of Implementation of Criminal Jurisdictions Virtually in The Criminal Procedure System},
        proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Tegal, Indonesia},
        publisher={EAI},
        proceedings_a={MALAPY},
        year={2022},
        month={8},
        keywords={criminal jurisdictions implementations problematics criminal procedure system},
        doi={10.4108/eai.28-5-2022.2320492}
    }
    
  • Sutrisno Sutrisno
    Achmad Irwan Hamzani
    Fajar Ari Sudewo
    Year: 2022
    Problems of Implementation of Criminal Jurisdictions Virtually in The Criminal Procedure System
    MALAPY
    EAI
    DOI: 10.4108/eai.28-5-2022.2320492
Sutrisno Sutrisno1,*, Achmad Irwan Hamzani1, Fajar Ari Sudewo1
  • 1: Universitas Pancasakti Tegal
*Contact email: sutrisno424437@gmail.com

Abstract

This article aims to find out the legal basis that forms the basis and guideline in the implementation of virtual criminal case trials and the problems of virtual criminal court proceedings in the criminal procedural law system. The approach method used is normative juridical with qualitative descriptive analysis.The legal basis that serves as the basis and guideline for conducting virtual trial of criminal cases includes the Supreme Court Circular Number 1 of 2020 concerning Guidelines for the Implementation of Duties During the Prevention of the Spread of Corona Virus Disease 2019 (Covid-19) which was followed up by Supreme Court Regulation Number 4 of 2020. 202 concerning Administration and Trial of Criminal Cases in Courts Electronically. The problems of implementing a virtual trial of criminal cases in the criminal procedural law system include human resources, facilities and infrastructure, procedural juridical problems and the validity of evidence. The problem of human resources is the limitation of human resources in the use of information technology and the internet. Problems with facilities and infrastructure, namely the limitations of electronic facilities and infrastructure and internet network disturbances. The procedural juridical problem, namely the virtual trial which is fundamentally different from the Criminal Procedure Code, can cause various problems at the substantive juridical level.