The Implementation of the Law of Criminal Procedure in Judicial Process During the Covid-19 Pandemic

DOI

10.2991/assehr.k.210506.028How to use a DOI?

Keywords

implementation, criminal justice procedure, virtual trials

Abstract

The spread of the 2019 coronavirus disease (covid-19) with the growing number of cases and deaths across regions and countries has impacted political, economic, social, cultural, legal, defense and security aspects as well as public welfare, including an impact on trial that can now be conducted virtually. Departing from this background, the problem is the Application of Criminal Procedure Law in the Judicial Process in the Covid-19 Pandemic Era. The objective of the present research is to analyze the legal aspects of the application of Criminal Procedure Law in the Judicial Process in the Covid-19 Pandemic Era. This study uses a qualitative method investigating legal materials in the form of statutory regulations, journals, and expert opinions. The previous trial process is referred to the Criminal Procedure Code and other laws that are presented open to the public and closed sessions at religious courts and were conducted directly (face to face) by judges, prosecutors, advocates, witnesses, and defendants. Several conditions have been carried out through teleconference media, but only limited to witness testimony. During this pandemic, through Perma 4/2020, criminal proceedings can be carried out electronically by coordinating with the prosecutor’s office and related detention centers/prisons, even though the Criminal Procedure Code has not yet been regulated. The rights of suspects and other parties including witnesses need to be fulfilled. These obstacles can then be overcome, one of which is by utilizing online media. This is in line with the principles of due court principles of law and the protection of the human rights of the parties. A government regulation in lieu of law (Perpu) is needed as an addition to an article in the RUU KUHAP that regulates virtual proceedings as a solution to filling the legal vacuum.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Nevey Varida Ariani
AU  - Suharyo
AU  - Ulang Mangun Sosiawan
AU  - Yuliyanto
AU  - Hilmi Ardani Nasution
AU  - Fuzi Narindrani
PY  - 2021
DA  - 2021/05/08
TI  - The Implementation of the Law of Criminal Procedure in Judicial Process During the Covid-19 Pandemic
BT  - Proceedings of the 1st International Conference on Law and Human Rights 2020 (ICLHR 2020)
PB  - Atlantis Press
SP  - 200
EP  - 208
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.210506.028
DO  - 10.2991/assehr.k.210506.028
ID  - Ariani2021
ER  -