The Effectiveness Of Criminal Judges Virtually (Online) During The Covid-19 Pandemic In Court

Abstract

The purpose of this study is to examine and analyze the effectiveness of the virtual criminal justice process in the Covid-19 pandemic conditions on the workings of the criminal justice system in the courts.. This study uses a normative juridical approach. Based on the research, it can be concluded that the practice of online trial, known in the Supreme Court as e-Litigation, will not be effective if Act No. 8 of 1981 concerning Criminal Procedure Code (KUHAP) does not change. The principle of the presence of the defendant (in absentia) in the Criminal Procedure Code is contrary to the practice of e-litigation, if e-litigation is applied to criminal cases. Meanwhile, the Circular Letter of the Supreme Court of the Republic of Indonesia Number 1 of 2020 does not allow criminal cases to be examined through the e-Litigation application. These things cause the implementation of online court proceedings in Indonesia to not be effective, where regulatory developments are stagnant and there is disharmony between regulations. If the stakeholders do not immediately address, then this problem will cause quite complicated and complex problems in the future. On the other hand, conducting online trials is the only way out during the Covid-19 pandemic so that the settlement of criminal cases under the Supreme Court does not stop.