The Legality of Virtual Trials in the Indonesian Criminal Law System

Abstract

The existence of this pandemic certainly has an impact on several things, one of which is in the legal realm, namely trials that are conducted virtually or online. Therefore, in this paper, we will discuss the implementation of virtual trials in Indonesian criminal law with several problem formulations, namely how the mechanism is carried out in the application of virtual court law in overcoming all criminal problems that exist in Indonesia, then in this study will discuss about What legal basis underlies the implementation of this virtual trial in Indonesia when examined in the Indonesian criminal law system. This research uses a qualitative normative legal research type. Normative legal research is a legal research conducted in a way such as conducting research on library materials or secondary data. In this research, law is often conceptualized as something that is written in legislation or as a norm which is a benchmark for human activities that are considered appropriate. The results of this study are first, trial activities are also influenced by various problems due to the Covid-19 pandemic, namely in the criminal process on the grounds that the limited period of detention is the basis for the Supreme Court of the Republic of Indonesia to establish a virtual trial in accordance with the Regulation of the Supreme Court of the Republic of Indonesia Number 1 Year 2019 on trial procedures but not in criminal justice.