ANALISIS PELAKSANAAN PERSIDANGAN PIDANA SECARA ELEKTRONIK BERDASARKAN PERATURAN MAHKAMAH AGUNG RI NOMOR 4 TAHUN 2020

Abstrak

Since entering the era of modernisation, regulatory products governing the application of electronic trials have not experienced significant developments. The existing laws and regulations have not been able to accommodate legal issues that occur in society. In accordance with the above context, this research focuses on the following research objectives: (1) To review and analyse the implementation of Supreme Court Regulation Ri Number 4 of 2020 concerning Administration and Trial of Criminal Cases in Courts Electronically during the co-19 pandemic, (2) To review and analyse what are the factors inhibiting the implementation of Supreme Court Regulation Ri Number 4 of 2020 concerning Administration and Trial of Criminal Cases in Courts Electronically during the co-19 pandemic.

This research is a normative legal research using a statutory approach and a cumulative approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The method of collecting legal materials is a literature study (libary research) and searching through online media (online research). Meanwhile, the method of analysing legal materials used is descriptive, qualitative, and perscriptive with a deductive inference model.

From the study conducted, the results were obtained: (1) Electronic trials have several problems, namely there is a shift in the concept and main principles of criminal trials as stipulated in the Criminal Procedure Code such as the direct presence of the parties in court, the presence of the defendant / witness, and the validity of the reading of the decision.(2) The inhibiting factors include the fact that the implementation of electronic trials is still relatively closed and the trial is also constrained by the problem of proof, even though proof has a very important meaning to prove the defendant's guilt or innocence.

Keywords:Electronic trial; Criminal procedure law; Criminal justice system