Design of Electronic-Based Criminal Justice in Realizing Enforcement Reform Criminal Law

  • Widyo Brayoto Ardi and Muhammad Rustamaji
  • Show Author Details
  • Widyo Brayoto Ardi

    Universitas Sebelas Maret, Indonesia

  • Muhammad Rustamaji

    Universitas Sebelas Maret, Indonesia

  • img Download Full Paper

Abstract

This study aims to provide a prescription regarding electronic justice in the renewal of criminal law enforcement, by providing a design of electronic justice in realizing the future reform of criminal law enforcement in Indonesia. This research is normative legal research. The results of the study show that electronic justice in realizing the renewal of criminal law enforcement in Indonesia can be carried out by a. Digital-based criminal justice must be regulated at the level of law (Discourse on Renewal of the Criminal Procedure Code), where the implementation of electronic criminal trials is still a problem. The reason is that until now, there has yet to be a legal umbrella that strictly regulates the standards for conducting electronic hearings. Meanwhile, the mechanism regarding this matter is the only alternative for carrying out criminal case trials. The reason is that the Criminal Procedure Code (KUHAP), as the law that regulates the procedures for criminal trials, does not even regulate this because, at the time the law was made, such matters could not be predicted. For this reason, so as not to hinder the law enforcement process, a legal umbrella is needed that regulates standardization and mechanisms regarding electronic trials by establishing laws that regulate electronic justice and holding legal reforms through revisions in Law Number 8 of 1981 concerning Indonesian Criminal Procedural Code (KUHAP); b. ensure readiness to apply modern technological devices and supporting resources to hold digital-based criminal trials.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 1239 - 1256

DOI: https://doij.org/10.10000/IJLMH.114164

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021