Problematics Of The Legality Online Trial Provisions In The Time Of The Covid-19 Pandemic In Criminal Crime

Redi  Pirmansyah; Junaidi; M. Martindo  Merta

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The sudden outbreak of COVID-19 has affected many aspects in our lives. It is a hard-hit for the societies and economies around the globe. We are forced to adapt with the new normal. Changes that seemed unthinkable before becomes a common practice nowadays. Workers who used to work from their office are now urged to work remotely. Students can’t attend the classes offline and get their lesson through online learning platforms. The government also restricts movement of people, closes some public places, and implements social distancing.
The pandemic has accelerated the digital transformation in the wide ranges of domain. The use of digital communication and information brings substantial impacts on how the society lives. The migration to digital technologies driven by the pandemic creates opportunities for exploring new ways to cope up with the problem in the pandemic era and even after the pandemic. For example, classes are conducted using video conferencing, the government monitor the virus spread using mobile phone applications, and people can still interact with each other despite being isolated at their home using social messaging system. However, these also creates challenges and risks. Some people who are not experienced with the sudden use of technology may have technology anxiety. Digital rights and the flow of the information are the other challenges that may rise because of the wide use of digital communication and information. So, it’s vital for us to find measures, tools, and strategies to minimize the challenges and risks during the pandemic and after the pandemic.

Published Aug 15, 2021

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The 3rd Open Society Conference 2021

Redi Pirmansyah

Junaidi

M. Martindo Merta

Abstract

The Covid-19 outbreak that hit has paralyzed all community activities in various fields, this is also included in the field of law. Trial activities at the Court caused problems due to the Covid-19 pandemic, the Supreme Court (MA) with Supreme Court Regulation No.1 of 2019 concerning Electronic Court Procedures. The problem with online trials is proof. This has created problems related to the validity of evidence carried out by the Public Prosecutor in proving the defendant’s guilt and the Judge’s belief in the evidence made by the Public Prosecutor. In addition, the problem in online trials is the need for a Standard Operating Procedure (SOP) for the implementation of online trials, this is to ensure the feasibility of implementing online trials, both from the readiness of facilities and infrastructure and security of implementation. This is done so that the online trial does not harm and reduce the rights of the parties, including the defendant, victim and public prosecutor. In order not to cause many problems in the implementation of the online trial process, the Government can issue a Government Regulation in lieu of a Law or revise the Criminal Procedure Code by adding the handling of criminal cases in certain situations, especially in online trials, so that it will strengthen the implementation of criminal procedural law.

How to Cite

Pirmansyah, R. ., Junaidi, & Merta, M. M. . (2021). Problematics Of The Legality Online Trial Provisions In The Time Of The Covid-19 Pandemic In Criminal Crime. OPEN SOCIETY CONFERENCE, 3(1), 49–54. Retrieved from https://proceeding.ut.ac.id/index.php/osc/article/view/6

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