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Dewi Asimah
Mahkamah Agung Republik Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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MENJAWAB KENDALA PEMBUKTIAN DALAM PENERAPAN ALAT BUKTI ELEKTRONIK Dewi Asimah
Jurnal Hukum Peratun Vol 3 No 2 (2020)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.322020.97-110

Abstract

The existence of electronic information and / or electronic documents has been recognized as valid evidence which is an extension of the evidence in the Procedure Law that applies in Indonesia provided that the electronic information and / or electronic documents use electronic systems in accordance with the provisions stipulated in Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Electronic Information and Transactions. However, despite the ITE Law as well as several other regulations, it cannot be said that the Indonesian Procedural Law has stipulated electronic evidence in evidence, because the regulation of electronic evidence is in the realm of material law. Proof using electronic evidence at the trial has debates such as the examination of witnesses using the teleconference in the case of BULOG and marriage /consent qobul conducted different countries. Besides there are several other obstacles such as 1. Authentication of electronic evidence 2. Procedures for showing the instrument electronic evidence and 3. Electronic signatures. Responding to these constraints, the renewal of the procedural law must be carried out immediately by including the electronic evidence and changing the evidence system from a closed proof system to an open proof system, in order to accommodate the development of evidence, especially electronic evidence.
PERSIDANGAN ELEKTRONIK SEBAGAI UPAYA MODERNISASI PERADILAN DI ERA NEW NORMAL Dewi Asimah
Jurnal Hukum Peratun Vol 4 No 1 (2021)
Publisher : Puslitbang Hukum dan Peradilan bekerja sama dengan Ditjen Badimiltun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.412021.31-44

Abstract

Electronic Court (E-court) was arranged by the Supreme Court prior to the Covid-19 pandemic with the issuance of Supreme Court Regulation (hereby refered as “Perma”) No. 3 of 2018 and restrictions with Perma No. 1 of 2019. The application of Electronic Court (E-court) greatly helps the realization of the Vision of the Supreme Court to become a Supreme Indonesian Judiciary Body, which in point 10 is the realization of the Vision of the Supreme Court in the Blueprint is to create a Modern Judiciary Body based on integrated information technology. In the New Normal Era, conventional trials must switch to online trials to prevent Covid-19 based on SEMA No. 1 of 2020. In addition to the many benefits obtained from the implementation of electronic court (e-court), especially during The New Normal Era, there are several obstacle of conducting electronic hearings, such as Electronic proceedings have not yet been regulated in the procedural law because they have only been regulated in a Supreme Court Regulation. Limited facilities and infrastructure, lack of human resources and the trial that was felt to be closed because it was only attended by online parties were also obstacles in electronic litigation.
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