The Effectiveness of E-Court and E-Litigation Implementation in the Religious Court System as an Instrument of Access to Justice (An Empirical Study at the Pemalang Religious Court)

Abstract

The implementation of E-Court and E-Litigation has become an important strategy for improving judicial efficiency and expanding access to justice in Indonesia. This study aims to analyze the effectiveness of E-Court and E-Litigation at the Pemalang Religious Court, examine their legal implications for justice seekers, and formulate an ideal model of judicial digitalization based on the maqāṣid al- syarī'ah approach. This research employed an empirical legal method with a socio-juridical approach. Primary data were obtained through interviews with judges, court clerks, E-Court officers, legal aid personnel, advocates, and litigants, while secondary data were collected from legislation, court reports, and legal literature. The data were analyzed qualitatively using Soerjono Soekanto's theory of legal effectiveness, Satjipto Rahardjo's progressive legal theory, and Jasser Auda's maqāṣid al- syarī'ah framework. The findings indicate that the implementation of E-Court and E-Litigation at the Pemalang Religious Court has generally been effective, as reflected in the significant increase in electronic judicial services between 2019 and 2025. The system has improved administrative efficiency, reduced litigation costs, enhanced procedural flexibility, and expanded access to justice. However, challenges related to internet connectivity, system disruptions, and digital literacy remain. This study proposes an ideal judicial digitalization model based on hifẓ al- māl, hifẓ al- nafs, hifẓ al-' aql, and hifẓ al-' adl through the integration of a Hybrid Justice Model, Digital Legal Aid, and Digital Literacy Enhancement. The model offers a framework for developing inclusive, human-centered, and substantively just digital justice within the Indonesian Religious Court system.