Human Right Protection in Online Court Proceedings

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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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  -