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Efendi, Mochamad Rusli
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PEMERIKSAAN ALAT BUKTI ELEKTRONIK DALAM PERSIDANGAN PERADILAN PERDATA MELALUI E-COURT Efendi, Mochamad Rusli
Jurnal HUKUM BISNIS Vol 8 No 3 (2024): Volume 8 Number 3 2024
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33121/hukumbisnis.v8i3.2821

Abstract

The law must always be responsive to the dynamics that exist in people's lives. Therefore, law, including in this case trial procedural law, needs to adapt to developments and changes in society so that the aim of simple, fast and low-cost justice can be realized. As is known, until now, the civil procedural law used in the civil justice system is still based on the procedural law inherited from the Dutch East Indies, namely the Herziene Inlandsch Reglement (HIR), which applies to Java and Madura, and the Reglement voor de Buitengewesten (RBG), which applies to outside Java and Madua. However, in reality, many of the procedural laws inherited from the Dutch East Indies need to be adjusted to current conditions, so changes need to be made. There is one thing that the Supreme Court can quickly do to respond to the legal dynamics that occur in society's lives if the procedural legal norms that are still in force are deemed no longer relevant or need to be refined, namely by issuing Supreme Court Regulation Number 7 of 2022 concerning Amendments to Supreme Court Regulation Number 1 of 2019 concerning Electronic Administration of Cases and Trials in Court, an internal regulation that can fill gaps in procedural law (evidence). This research is normative legal research, namely research that focuses on the application of rules or norms in practical methods. This kind of normative legal study is carried out by examining various formal legal rules such as laws, procedures, literature with theoretical concepts. The research results show that the validity of electronic evidence must meet the requirements both formally and materially as evidence that can be declared valid and used in court. The validity of electronic evidence that will be presented before the trial will determine the level of validity of the evidence in the evidence before the trial, so that the electronic evidence can be said to be valid and not doubt the judge at the trial in the process of handing down decisions against the litigants. Keywords: e-court, Perma, electronic evidence.
DIGITALISASI PERADILAN PERDATA MELALUI E-COURT BERDASARKAN PERMA NOMOR 7 TAHUN 2022 TENTANG PERUBAHAN ATAS PERMA NOMOR 1 TAHUN 2019 TENTANG ADMINISTRASI PERKARA DAN PERSIDANGAN DI PENGADILAN SECARA ELEKTRONIK Efendi, Mochamad Rusli
Jurnal HUKUM BISNIS Vol 9 No 2 (2025): Volume 9 no 2 2025
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

ABSTRACT Progress in the field of information technology has progressed so quickly that it has affected every aspect of life. This information and communication technology makes a big contribution in making it easier to carry out activities such as communication, disseminating and searching for data, teaching processes and is used to support the effectiveness of an organization. This development also touches on legal issues which indirectly influence the process of administering justice in Indonesia. The Covid-19 pandemic has had a negative impact on all sectors and aspects of Indonesia, including the justice sector. Adaptations are made to adapt to existing conditions, one of which is E-Court which can be said to be a new legal product in the legal system in Indonesia whose implementation cannot yet be said to be optimal, but is required to adapt to the conditions of the country which is experiencing a health emergency due to Covid-19 pandemic, regarding this matter also in the implementation of settling civil cases in court via E-Court, whether it can realize the principles of simple, fast and low-cost justice. And in this case, to adapt to conditions following the Covid-19 pandemic, the government has updated the regulations regarding E-Court, namely Supreme Court Regulation Number 1 of 2019, updated with Supreme Court Regulation Number 7 of 2022 concerning Amendments to Supreme Court Regulation No. 1 of 2019 concerning Electronic Administration of Cases and Trials in Court. This PERMA was officially promulgated by the Chief Justice of the Republic of Indonesia on October 10 2022. There are several updates to the contents of the article, including a very contrasting one regarding electronic case administration services that can be used by other than registered users, but can also be used by other users. Other users are legal subjects other than registered users who are eligible to use SIP (Court Information System) with rights and obligations regulated by the Supreme Court. This research will look at the position of Perma Number 7 of 2022 which regulates the digitalization of civil justice through E-Court and legal protection for parties in civil justice through E-Court in accordance with Perma Number 7 of 2022, and is expected to be a contribution to knowledge for society. Keywords: e-court, Perma