Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)

Human Right Protection in Online Court Proceedings

Authors
Yudha Pradana1, *, Amalia Lathifah1
1West Jakarta Probation Office, Ministry of Law and Human Rights, the Republic of Indonesia
*Corresponding author. Email: ypradana13@gmail.com
Corresponding Author
Yudha Pradana
Available Online 23 November 2021.
DOI
10.2991/assehr.k.211112.024How to use a DOI?
Keywords
online court proceedings; human rights; legal basis
Abstract

The Covid-19 Pandemic has changed various aspects of human life, including criminal justice. The court of criminal justice that is usually done offline has been gradually shifting to online. The online courts have been implemented by Supreme Court Regulation (PERMA) No. 1 of 2019. However, it is only applicable for some aspects such as civil cases, civil religion, and administration. Supreme Court Regulation No. 4 of 2020 brought an innovation for the settlement of criminal cases. This regulation aims to prevent defendants from delaying the court so they can immediately obtain legal certainty for their cases. However, in practice, some problems arise regarding the online court, including the weak legal basis and the less optimal fulfillment of defendants’ rights. This paper wishes to examine the legal basis of online criminal proceedings implementation and the fulfillment of defendants’ rights protection. The research method was normative legal research by using a normative juridical approach. The data were collected through library research by analyzing various primary, secondary, and tertiary legal materials. The results showed that the legal basis for implementing online courts is legally weak, and an amendment of Law No. 8th Year of 1981 on the Criminal Procedure Code is needed. The implementation of online criminal proceedings is an effort to protect and fulfill defendants’ rights; however, some improvements are still needed.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
23 November 2021
ISBN
10.2991/assehr.k.211112.024
ISSN
2352-5398
DOI
10.2991/assehr.k.211112.024How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

TY  - CONF
AU  - Yudha Pradana
AU  - Amalia Lathifah
PY  - 2021
DA  - 2021/11/23
TI  - Human Right Protection in Online Court Proceedings
BT  - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
PB  - Atlantis Press
SP  - 189
EP  - 194
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211112.024
DO  - 10.2991/assehr.k.211112.024
ID  - Pradana2021
ER  -