Proceedings of the International Conference on Sustainability in Technological, Environmental, Law, Management, Social and Economic Matters, ICOSTELM 2022, 4-5 November 2022, Bandar Lampung, Indonesia

Research Article

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

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  • @INPROCEEDINGS{10.4108/eai.4-11-2022.2329667,
        author={Adriannisa Alfaina Maharani and Irma  Cahyaningtyas and Sukinta  Sukinta},
        title={Legal Analysis of the Implementation of Electronic Criminal Case Trial During Covid -- 19 Pandemic},
        proceedings={Proceedings of the International Conference on Sustainability in Technological, Environmental, Law, Management, Social and Economic Matters, ICOSTELM 2022, 4-5 November 2022, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICOSTELM},
        year={2023},
        month={9},
        keywords={electronic courts criminal procedure law fair trial},
        doi={10.4108/eai.4-11-2022.2329667}
    }
    
  • Adriannisa Alfaina Maharani
    Irma Cahyaningtyas
    Sukinta Sukinta
    Year: 2023
    Legal Analysis of the Implementation of Electronic Criminal Case Trial During Covid – 19 Pandemic
    ICOSTELM
    EAI
    DOI: 10.4108/eai.4-11-2022.2329667
Adriannisa Alfaina Maharani1,*, Irma Cahyaningtyas1, Sukinta Sukinta1
  • 1: Faculty of Law, Diponegoro University, Semarang, Indonesia
*Contact email: adriannisaalfainam@gmail.com

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.