Barlian, Aristo Evandy A.
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Electronic Criminal Justice in Indonesia: Challenges and the Future Measures Barlian, Aristo Evandy A.; Latipulhayat, Atip; Rusmiati, Elis; Wulandari, Widati; Sukma, Ahmad Novindri Aji
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.27805

Abstract

Electronic trials represent a radical innovation within the judicial system, viewed as a means to simplify and facilitate access to justice for those seeking it. However, electronic criminal trials continue to present both legal and technical challenges. This writing aims to explore the development of electronic criminal trials in Indonesia and compare them with several other countries. It also outlines the issues and challenges involved, while proposing future measures to ensure electronic trials function as intended. The approach used in this paper is based on statutory and comparative methods. The findings indicate that radical innovations, particularly in electronic trials, highlight the need for sustainability, but also reveal legal and technical challenges. The legal aspect concerns the level of regulation within the Supreme Court Regulations, which ideally should be elevated to the level of the Criminal Procedure Code. There is also ambiguity regarding the criteria for implementing electronic criminal trials. Compared to the United States, where clear criteria are established, Indonesia lacks such clarity. On the technical aspect, challenges such as unequal access to the internet, network disparities, and limited human resources need to be addressed. For the future success of electronic criminal trials, it is necessary to establish clear regulations at the level of the Criminal Procedure Code; provide equal network access to ensure electronic trials can be conducted in all courts across Indonesia; improve the quality of electronic trial services, especially for vulnerable groups (such as the elderly and people with disabilities); and enhance data security systems to protect personal information, as demonstrated by Kyrgyzstan.
The Digital Transformation of Criminal Justice: A Comparative Examination of Indonesia’s E-Court System and Global Best Practices Barlian, Aristo Evandy A.; Latipulhayat, Atip; Rusmiati, Elis; Wulandari, Widati; Sukma, Ahmad Novindri Aji
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.14341

Abstract

In an era marked by the algorithmic mediation of human affairs, the pursuit of justice can no longer be disentangled from the architecture of digital systems that sustain it. The criminal justice system, long rooted in analog procedures and institutional inertia, faces an existential imperative: adapt or risk obsolescence. Within this context, digital transformation is not merely an administrative upgrade—it is a normative challenge to the principles of due process, transparency, and equality before the law. Indonesia’s hesitant transition toward e-criminal justice reveals a complex interplay of structural, legal, and epistemic limitations. This study aims to analyze the development of e-criminal justice in Indonesia by conducting a comparative assessment of successful digital judicial systems in the United States, the United Kingdom, and Singapore. Employing a normative legal research approach with a comparative legal method, this study examines primary and secondary legal sources to identify regulatory gaps, procedural challenges, and strategic solutions. The findings reveal that Indonesia’s legal framework remains insufficient in addressing key procedural safeguards, digital evidence authentication, and cybersecurity risks. Additionally, disparities in digital access, resistance from legal practitioners, and inadequate technological infrastructure hinder the effective implementation of e-criminal justice. Comparative analysis suggests that successful digital transformation requires a robust regulatory foundation, secure and interoperable digital platforms, structured judicial training programs, and policies ensuring digital inclusivity. To optimize its e-criminal justice framework, Indonesia must adopt a context-sensitive and adaptive strategy, balancing technological advancements with fundamental principles of procedural fairness and judicial integrity. Future research should explore the long-term impact of digitalization on judicial decision-making, the role of AI in legal processes, and the effectiveness of cybersecurity mechanisms in safeguarding judicial independence. This study contributes to the broader discourse on the intersection between technology and justice, providing recommendations for a sustainable and equitable digital transformation of Indonesia’s criminal justice system.