BUILDING MODERN JUSTICE BASED ON INFORMATION TECHNOLOGY (Study on Judicial Adaptation in the New Normal)

Abstract

The COVID-19 pandemic has had an impact on the judiciary and the court system in
Indonesia. The Covid-19 pandemic has accelerated the process of modernizing the existing
judiciary by conducting online trials via video teleconference. Previously, with PERMA No. 3
of 2018 which was enhanced by PERMA No. 1 of 2019, the Supreme Court has implemented
online trial services for civil cases. During the pandemic, online trials were also applied to the
examination of criminal cases, which was carried out with PERMA No. 4 of 2020. In criminal
cases, the implementation is limited only in certain circumstances and is carried out with the
discretion of the judge/panel of judges who hears it. There are many benefits if an online trial
is implemented at a time like this, to prevent the spread of the COVID-19 virus. However, there
are still obstacles and there are rejections in its implementation, especially in online trials that
are forced based on a judge's determination. The change in the trial system to an online
method requires the role of law as a means to anticipate various things that have not yet
happened (i.e. as social engineering) and law as a means to deal with changes that have
occurred (i.e. as social control). One and another that aims to achieve legal expectations in
providing certainty and justice