Evaluation of The Fulfillment of The Defendant's Rights in Online Criminal Proceedings in Indonesia
DOI:
https://doi.org/10.31599/sasana.v9i1.1344Keywords:
evaluation, online criminal proceedingsAbstract
In early 2020, Indonesia was hit by the Corona Virus that affect all aspects in public live including affect judicial institutions. Criminal proceedings that supposed to be held in a trial that open to the public according to the Indonesian Criminal Procedure Code, must be held online in which judges, prosecutor, lawyer, and the defendant are in separate places. Even though, the Indonesian Supreme Court have enacted Circular Letter No. 1 Year 2020 to regulate the proceedings during the Covid-19 pandemic, many criticisms for the course of online trials especially regarding the rights of the defendants, which were violated during the online trial. The rights of the defendant who were violated during the online criminal trial were the right to be heard equally, right to consult with a lawyer during the proceedings of the case, right to be tried without undue delay, and right to present witnesses and experts and ask questions to these witnesses and experts. These rights, that was feared violated because the defendant could not attend the trial in person. This research was conducted to explain the course of the online criminal proceeding to assess whether the defendant’s rights had been fulfilled during the online trial.
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References
Primary Sources
Law No. 8 Year 1981 about Criminal Procedure Code (Indonesia)
Law No. 12 Year 2011 about Establishment of Legislation (Indonesia)
Supreme Court Regulation No. 4 Year 2020 about Administration and Trial of Criminal Cases in Court Electronically (Indonesia)
Supreme Court Circular Letter No. 1 Year 2020 about Guidelines for Carrying out Duties during the Prevention of the Spread of the Corona Virus Disease 2019 (Covid-19) in the Supreme Court and Judicial Bodies under it (Indonesia)
Attorney General Instruction No. 5 Year 2020 about Policy on the Implementation of Duties and Handling of Cases during the Prevention of the Spread of Covid-19 in the Indonesia Public Prosecutor’s Office (Indonesia)
Cooperation Agreement No. 402/DJU/HM.01.1/4/2020, No. KEP-17/E/EJP/04/2020, No. PAS-08.HH.05.05 Year 2020 dated 13 April 2020 about Conduct of the Trial by Teleconference between Supreme Court, Attorney General, and Ministry of Law and Human Rights (Indonesia)
Secondary Sources
Harahap MY, Pembahasan Permasalahan dan Penerapan KUHAP: Pemeriksaan Sidang Pengadilan, Banding, Kasasi, dan Peninjauan Kembali (2nd edn, Sinar Grafika 2009)
Lumbanraja AD, ‘Perkembangan Regulasi dan Pelaksanaan Persidangan Online di Indonesia dan Amerika Serikat selama Pandemi COVID-19’ (2020) Jurnal CREPIDO Volume 2 Number 1
Rahmaningsih D and Suteki S, ‘Membangun Budaya Hukum Persidangan Virtual (Studi Perkembangan Sidang Tindak Pidana via Telekonferensi’ (2020) Jurnal Pembangunan Hukum Indonesia Volume 2 Number 3
Ombudsman Republik Indonesia, ‘Ombudsman RI Temukan Potensi Maladminsitrasi terkait Penyelenggaraan Persidangan Online di tengah Pandemi COVID-19’ <https://ombudsman.go.id/news/r/-ombudsman-ri-temukan-potensi-maladministrasi-terkait-penyelenggaraan-persidangan-online-di-tengah-pandemi-covid-19> accessed June 30th, 2021
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