The Enforcement of Criminal Law: Examining the Validity and Human Rights Foundation of Online Criminal Trials in Indonesia

Reda Manthovani

Faculty of Law, Universitas Pancasila, Jakarta, Indonesia

Abstract:

The global adoption of online criminal trials is experiencing significant growth as a result of ongoing advancements in the technological infrastructure of judicial systems. The prevalence of online court trials has been augmented by the covid-19 pandemic in order to ensure the continued provision of justice services to individuals affected by this period of uncertainty. However, various concerns pertaining to the validity and basis of OC trials are evident. The primary objective of this study is to evaluate the veracity of the OC trials conducted in Indonesia, with a specific emphasis on safeguarding the human rights of the accused individuals. In this context, the implementation of criminal law is also observed. The present legal research involved the collection of data from various primary and secondary sources, followed by a comprehensive analysis of the gathered content. The KUHAP has been noted to include provisions for offline trials, while lacking provisions regarding force majeure, which consequently affects the validity of the OC trials. In Indonesia, various online trials have been conducted to address religious and administrative state matters. However, the number of criminal cases tried online remains limited, primarily due to the sensitivity of the evidence involved. Despite the cost and resource-saving benefits of online trials, they also entail certain unavoidable drawbacks. For example, it has been noted that the human rights of defendants are significantly compromised during online trials. The criminal justice system places significant emphasis on safeguarding the human rights of defendants throughout the course of legal proceedings. Consequently, various recommendations are proposed to enhance the trial system for ordinary crimes (OC) in Indonesia, with the potential to bolster the quantity of OC trials and alleviate the burden on the supreme court.

Keyword:

Online Trials; KUHAP; Indonesia; Criminal Law; Human Rights; Covid-19; Defendants