JOSR: Journal of Social Research

November 2022, 1 (12), 572-586

p-ISSN: 2827-9832 e-ISSN: xxxx-xxxx

Available online at http:// https://ijsr.internationaljournallabs.com/index.php/ijsr

http://ijsr.internationaljournallabs.com/index.php/ijsr

CRIMINAL TRIALS THROUGH E-COURT DURING THE COVID-19

PERIOD AS A FORM OF THE PRINCIPLE OF FAST, SIMPLE AND

LOW-COST JUSTICE

Herlina Manullang

Faculty Of Law Hkbp Nommensen University

Herlinamanullang@Uhn.Ac.Id

Abstrak (indonesia)

Received:26

Oktober

2022

Revised :02

November

2022

Accepted:07

November

2022

Latar Belakang: Penyebaran penyakit virus corona

(Covid-19) di Indonesia telah mengubah penerapan

sistem persidangan khususnya persidangan perkara

pidana dengan menggunakan aplikasi e-court.

Penggunaan sistem e-court secara maksimal telah

dilaksanakan seiring dengan terbitnya Peraturan

Mahkamah Agung Nomor 1 Tahun 2019 tentang

Tata Cara Persidangan Elektronik (selanjutnya

disebut Perma Nomor 1 Tahun 2019).

Tujuan: untuk menjamin tiga nilai dasar tujuan

hukum, yaitu keadilan, kemanfaatan dan kepastian

hukum. Selain itu, penerapan asas kesederhanaan,

kecepatan, dan biaya rendah dalam proses peradilan

dapat diartikan secara luas, meliputi aspek regulasi,

kelembagaan, dan proses peradilan.

Metode: Metode pendekatan yang digunakan dalam

penulisan ini adalah pendekatan undang-undang

(statute approach) dan pendekatan konseptual.

Hasil: Perwujudan peradilan pidana melalui e-courts

pada masa covid-19 menjadi solusi bagi

terselenggaranya asas peradilan cepat, sederhana, dan

murah, dengan tetap menjunjung tinggi asas keadilan

solus populi suprema lex esto.

Kesimpulan: Adanya Perma No. 4 Tahun 2020

merupakan upaya reformasi sistem peradilan di

Indonesia yang lebih modern dan upaya reformasi

KUHAP di Indonesia khususnya pada masa covid-

19. Bahwa persidangan e-court memiliki kesamaan

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Criminal Trials Through E-Court During The Covid-19 Period As A Form

Of The Principle Of Fast, Simple And Low-Cost Justice 574

dengan KUHAP, namun tetap memiliki perbedaan

yang tidak bisa diabaikan.

Kata kunci: Persidangan Pidana; Asas Peradilan

Cepat; Sederhana dan Berbiaya Ringan

Abstract (English)

Background: Spread corona virus disesea (Covid-

19) in Indonesia has changed the implementation of

the trial system, especially the trial of criminal cases

using applications e-court. The maximum use of the

e-court system has been implemented in line with the

issuance of Supreme Court Regulation No. 1 of 2019

concerning Procedures for Electronic Trials

(hereinafter referred to as Perma No. 1 of 2019).

Objective: to guarantee the three basic values of

legal objectives, namely justice, expediency and legal

certainty. In addition, the application of the

principles of simplicity, speed, and low cost in the

judicial process can be interpreted broadly,

including aspects of regulation, institutional and

judicial processes.

Methods: The approach method used in this paper is

a statutory approach (statute approach) and

conceptual approac.

Results: The embodiment of criminal trials through

e-courts during the covid-19 period has become a

solution for the implementation of the principles of

fast, simple and low-cost justice, while still

upholding the principles of justice solus populi

suprema lex esto.

Conslusion: The existence of Perma No. 4 The year

2020 is an effort to reform the judicial system in

Indonesia which is more modern and an effort to

reform the Criminal Procedure Code in Indonesia,

especially during the covid-19 period. Whereas the

e-court trial has similarities to the Criminal

Procedure Code, but still has differences that cannot

be ignored.

Keywords: Criminal Court; Principles of Fast;

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Criminal Trials Through E-Court During The Covid-19 Period As A Form

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Simple and Low Cost Justice

*Correspondent Author : Herlina Manullang

Email : Herlinamanullang@Uhn.Ac.Id

BACKGROUND

Spread corona virus disesea (Covid-19) in Indonesia has changed the

implementation of the trial system, especially the trial of criminal cases using

applications e-court. The maximum use of the e-court system has been

implemented in line with the issuance of Supreme Court Regulation No. 1 of

2019 concerning Procedures for Electronic Trials (hereinafter referred to as

Perma No. 1 of 2019). The existence of Perma No. 1 of 2019 has become a

solution for court institutions under the Supreme Court (MA for short) to

continue to be able to provide maximum legal services, even though justice

seekers cannot be present directly in court. Used e-courts ultimately leads to the

importance of implementing Virtual Courts which are held online without the

presence of the parties in the courtroom.

Within the Prosecutor's Office, the trial uses application e-court referring

to the Instruction of the Attorney General of the Republic of Indonesia Number 5

of 2020 concerning Policies for The Implementation of Duties and Handling of

Cases During the Period of Preventing the Spread of Covid-19 within the

Prosecutor's Office of the Republic of Indonesia on March 27, 2020. The

instruction is accompanied by a Circular Letter of the Attorney General of the

Republic of Indonesia Number 2 of 2020 concerning Adjustments to the

Employee Work System in An Effort to Prevent The Spread Coronavirus

Disease (COVID-19) in the Prosecutor's Office of the Republic of Indonesia.

Conduct of the trial through the application e-court viewed in tandem with

policy social distancing dan phisyical distancing, In order to suppress the pace of

development of the Pandemic Covid-19.

Against the backdrop of the reasons for the limited period of detention, it

has become the basis for consideration for the Supreme Court (MA) to establish

a trial online. through Supreme Court Regulation No. 1 of 2019 concerning

Procedures for Electronic Trials. In addition, an MoU has also been carried out

(Memorandum of Understanding). an agreement between the Supreme Court, the

Prosecutor's Office of the Republic of Indonesia and the Ministry of Law and

Human Rights in this case the Directorate General of Corrections was ratified.

The MoU is related to the agreement on the implementation of the trial during

the Covid-19 pandemic which will be carried out until the end of the Covid-19

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Criminal Trials Through E-Court During The Covid-19 Period As A Form

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outbreak in Indonesia. Trials with the e-court system in the criminal justice

system in Indonesia are not new, in the history of the implementation of criminal

justice trials with the agenda of examining witnesses has been carried out

remotely online or teleconference, that is, in the case “Buloggate”. In the trial,

witness B.J Habibie has presented witness for corruption case with defendant

Rahardi Ramelan, the witness position is in Hamburg, Germany. The

examination of witnesses is carried out by teleconference by the National private

police.(Adisti, Nashriana, Murilah, & Mardiansyah, 2021)

The very crucial thing in the implementation of the e-court system trial is

in proving valid and convincing someone to commit a criminal act or then being

able to be acquitted of the charges (vrisjpraak) if not proven to have committed a

criminal act. In addition to the aforementioned, the implementation of evidence

in the trial of the e-court system is also a complicated matter and requires

expertise, especially with regard to letter evidence as a basis for proving the guilt

of the defendant, without evidence the defendant's guilt cannot be proved along

with other evidence such as witness testimony that relies on letter evidence. The

existence of Court Regulation No. 4 of 2004 concerning the Administration and

Trial of Cases in Electronic Courts (hereinafter referred to as Perma No. 4 of

2004) is a breakthrough effort to overcome the obstacles faced in an effort to

fulfill the principle of justice is, fast, simple and low-cost in the practice of

criminal trials while still respecting Human Rights. In addition, the issuance of

Perma is intended as a forerunner to foster a modern judiciary based on

information technology and hints at a shift in legal domicile to electronic

domicile as well as a shift in jurisdiction.(Hutabarat, Manullang, & Esther, 2022)

According to Perma No. 4 of 2004, the trial of criminal cases can be

carried out online, both from the beginning of the trial and when the trial has

been running at the request of the public prosecutor, defendant, or legal adviser

and determined by a judge / panel of judges. This PERMA also does not mean

that the trial must be conducted online, but is limited to providing a legal basis

and guidelines for when trials can be held online, and how to proceed. In

principle, judges/assessments of judges, substitute clerks, prosecutors convene in

the courtroom. Meanwhile, the defendant attended the trial from the detention

center where the defendant was detained accompanied/without being

accompanied by a legal advisor. Or a judge/assessment of judges, a substitute

clerk convenes in the courtroom, while the public prosecutor attends a trial from

the public prosecutor's office, the defendant with/without the assistance of his

legal adviser attends a trial from the detention center where the defendant is

detained. In Article 2 paragraph (3) of Perma No. 4 of 2020 it is stated that if an

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Criminal Trials Through E-Court During The Covid-19 Period As A Form

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online trial is held, all trial participants must be seen on the screen clearly and

clearly and with a clear voice. The substitute clerk prepares the trial facilities

including the readiness of the trial participants and reports to the panel of judges.

In the trial of judges, substitute clerks, claimants and legal counsel use

the attributes of their respective hearings in accordance with the provisions of the

applicable procedural law.(Falasifah & Bambang Dwi Baskoro, 2016) Article

153 paragraph 2 letter a of the Criminal Procedure Code states that it requires the

presence of the accused and witnesses directly in the proceedings "the presiding

judge of the trial presides over the examination at the trial court which is

conducted orally in Indonesian which is understood by the accused and the

witness". Furthermore, it is emphasized by Article 230 of the Criminal Procedure

Code that the trial court shall be held in a courtroom with the Judge, Public

Prosecutor, Legal Counsel, and clerk wearing their respective court attire and

attributes. Referring to Perma No. 4 of 2020 ordered that all trials in the Supreme

Court of R.I and the Judicial Bodies under it to carry out the trial process online.

This is something new, considering that the Criminal Procedure Code does not

regulate the procedures for online trials. The growing issue is How is the

realization of criminal trials through e-court during the Covid-19 period as a

form of the principle of fast, simple and low-cost trial in the Medan District

Court, Indonesia?

RESEARCH METHOD

Legal research is a process to find the rule of law, legal principles, and

legal doctrines to answer the legal issues faced. (Benuf & Azhar, 2020) The type

of research used is empirical juridical research. Empirical legal research

(empirical legal reseach), which is a type of legal research that analyzes and

examines the workings of the law. The approach method used

in this paper is a statutory approach (statute approach) and conceptual approach.

The source of data in this study is primary data, namely data obtained directly

from the source or the first data source where a data is obtained. (Arikunto,

2019) This primary data will be obtained after conducting interviews with the

Substitute Registrar, Judge, who is on duty at the Medan District Court,

Indonesia. Secondary Data is written data that provides primary legal materials,

such as laws and regulations related to research.

RESULTS AND DISCUSSION

1. Philosophical Basis of Simple, Fast and Low Cost Justice Principles in

the Criminal Justice System.

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Criminal Trials Through E-Court During The Covid-19 Period As A Form

Of The Principle Of Fast, Simple And Low-Cost Justice 578

According to Satjipto Rahardjo, the principle of law is the heart of the

law,(Satjipto, 2000) while Scholten argues that legal principles are the thoughts

behind the law, which according to Bruggink embodies the legal system itself

that is within the legal system and behind it.(Atmadja, 2018) The principle of

law as a reference for judges in the application of criminal procedural law. Some

of the principles contained in the Criminal Procedure Code include the principle

of legality, the principle of balance, the principle of presumption of innocence,

the principle of compensation and rehabilitation and the principle of a simple,

fast and low-cost trial. The principle of a simple, fast and low-cost trial is

intended so that the suspect or defendant is not treated and examined in a

protracted manner, then obtains a legal procedural process, as well as a low-cost

process and does not need to burden the state. The existence of this

principle in the implementation of the judicial process at the trial level is also

intended to guarantee the three basic values of legal objectives, namely, justice,

expediency and legal certainty. In addition, the application of the principle of

simplicity, speed, and low cost in the judicial process can be interpreted broadly,

covering aspects of the regulatory, institutional and judicial processes.

(Hidayatullah & Burhanuddin, 2020)

In the implementation of this principle limitation, it has been regulated

in the Circular Letter of the Supreme Court of the Republic of Indonesia

Number 6 of 1992, dated 21 October 1992. (Bakhri, 2014) KUHAP in relation to

the judicial process is an interpretation of Article 2 paragraph (4) of Law No. 48

of 2009 concerning Judicial Power, so that it is expected to meet the expectations

of justice seekers. Whereas what is meant by simple is that the examination and

settlement of cases is carried out in an efficient and effective manner, while low

costs are cases that can be reached by the public without sacrificing accuracy in

seeking the truth and justice. (Ali & SH, 2022)

In its development, Law No. 48 of 2009 concerning Judicial Power was

later revoked and does not apply as stipulated in Article 62 of this Law, that

"when this Law comes into effect, Law No. 4 of 2004 concerning Judicial Power

(State Gazette of the Republic of Indonesia) Indonesia Year 2004 No. 8,

Supplement to the State Gazette of the Republic of Indonesia No. 4538) is

revoked and declared no longer valid.” So the provisions regarding the principle

of a simple, fast and low-cost trial are regulated in Article 4 paragraph (2) of

Law No. in a simple, fast, and low-cost manner” it is also stated in Article 4

paragraph (2) of Law 48/2009 that “The court helps justice seekers and tries to

overcome all obstacles and obstacles in order to achieve a simple, fast and low

cost trial”. It can easily be said that the simple principle is that criminal

procedural law has clear, transparent and easy-to-understand procedures for

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Of The Principle Of Fast, Simple And Low-Cost Justice 579

everyone without leaving the formality and legal certainty aspects behind.

(rechts zakerheids) and values of justice. In addition, the meaning of the simple

principle implies that the administration of justice is carried out with a time

allocation that is not complicated but also not carried out in a hurry and does not

intentionally slow down cases, must have accuracy and correct judgment

according to law and justice. (Suadi, 2019)

The principle of fast justice is expected to make the case settlement

process carried out in a simple, fast, and uncomplicated manner. Therefore, the

criminal justice process is not expected to have delays or delays, so that what is

expected can reduce some cases that tend to be uncertain in their completion and

the accumulation of report files to investigators. The period of time in the

investigation process from the police has several case settlement times which are

calculated from the receipt of the Investigation Order, where 120 days for very

difficult case investigations, 90 days for difficult case investigations, 60 days for

medium case investigations, and 30 days for easy case investigations. . However,

the regulations described above are only limited to the Standard Operating

Procedures for handling criminal cases in the Police.

2. Embodiment of Criminal Trials Through E-Court During the Covid-19

Period As a Form of Fast, Simple and Low Cost Judicial Principles at

the Medan District Court, Indonesia

The electronic criminal trial was carried out due to compelling

circumstances, due to the Covid-19 pandemic. Law enforcers have an obligation

to resolve criminal cases quickly, but the COVID-19 pandemic situation has

hampered the trial or handling of cases. The provisions of the Criminal

Procedure Code as the basis for conducting criminal trials do not regulate online

trials, then the Supreme Court has issued a Perma No. 4 of 2020 concerning

Administration and Trial of Criminal Cases in Courts Electronically, as the basis

for conducting e-court trials. The stages of implementing a criminal trial include.

Case Transfer Stage; Case Transfer Stage files for trial should be carried

out directly, as the provisions of the Criminal Procedure Code cannot be

implemented, this is due to the Covid-19 pandemic. Because of this situation,

referring to the provisions of Article 4 paragraph (1) of Perma No. 4 of 2020, it

is carried out through: Pos-el; That any delegation of a criminal case by the

Public Prosecutor must include the electronic domicile of the Public Prosecutor's

Office, the Investigative Office, the institution where the defendant is detained,

and the address of the defendant/and/or Legal Counsel. Furthermore, the

Registrar of the District Court will check the completeness of the case file, which

has been sent by e-mail before the document is printed.

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The completeness of the case file is as stipulated in Article 5 paragraph

(1) of Perma No. 4 of 2020, among others, Letter of Delegation of Cases,

Indictment, Power of Attorney if using power of attorney, Minutes of

Investigation of Investigators, (Scan) written evidence if any, list of evidence,

photos of evidence, archery documents if detained; and other related Documents.

All types of documents that will be submitted by the Public Prosecutor, Legal

Counsel and the Defendant must be in the form of: portable document format

(PDF). If the case file is complete, the Registrar will number and file the case file

in accordance with the provisions of the Criminal Procedure Code. Based on the

author's observations at the Medan District Court, it has been carried out in the

form of : Portable Document Format (PDF).

Regarding case files and documents, there is no difference in the

arrangements in the Criminal Procedure Code and Perma No. 4 of 2020, the only

difference is that the submission is carried out through pos-el. In practice, it is

not uncommon for the Public Prosecutor to submit case files and case documents

in physical form to the Court. Of course, this is due to the fact that the practice of

direct trial is still attached and some think that the use of case files and case

documents in physical form is more effective during the trial.

Court Summos;A subpoena is a notice to follow the trial. According to

Article 127 paragraphs (1) and (2) of the Criminal Procedure Code, the summons

of the trial is carried out by sending a subpoena in physical form to the address

or domicile of the party in question or the party wishing to be presented in the

trial. The judge ordered the Public Prosecutor to call witnesses to appear at the

court hearing (Article 152 paragraph (2) of the Criminal Procedure Code.

Furthermore, Article 145 of the Criminal Procedure Code provides for the

conditions regarding the validity of a summons to the accused which in essence

is no different from the arrangement in Perma No. 4 of 2020, that all letters must

be in electronic form. Article 6 of Perma No. 4 of 2020 regulates, among others.

In the event that the Defendant is in the detention center, the Public

Prosecutor delivers a subpoena to the defendant through the defendant's

Electronic Domicile. In the event that the Defendant is not detained, the

subpoena is delivered by the Public Prosecutor to the Defendant through the

Eltronic Domicile in the pos-el, Whatschap Address, or SMS (short message

service). In the event that the Defendant does not have a Domicile, the summons

may be delivered by registered mail to the address of the Defendant's residence

with a copy to the village head/village head of the Defendant's

residence/residence. The determination of the Judge/Panel of Judges contains the

day, date, time and place of the electronic hearing and is submitted by the

Registrar of the Medan District Court to the Public Prosecutor electronically.

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The summons against the Defendant is made no later than (seven) days

before the hearing, the summons is deemed to have been received by the

Defendant if it has been proven that the summons has been sent. Article 6

(paragraph 7) of perma. To inhibit the spread of the covid-19 virus, the trial is

carried out electronically to the address pos-el whatschaap address or SMS

(Short Message service). As a result of observations made at PN Medan, the

submission of the subpoena was delivered by the Public Prosecutor

electronically. This is done by the Public Prosecutor after the Determination of

the Judge / Panel of Judges which contains the day / date, time, and place of the

electronic hearing. This summons was made by the Public Prosecutor through

Pos-el Address Wahtschaap and SMS (short message service).The summons was

sent to the Defendant and the parties in PDF form.

Preparation of Trial and Conduct of Trial; The implementation of the trial

electronically requires a different preparation from the trial in person as

stipulated in the Criminal Procedure Code. In a direct trial, it is enough to ensure

the presence of the parties will be present at the hearing, very different from the

electronic trial, it is necessary to ensure the complete presence of the parties,

ensure that the infrastructure (infrastructure) is in good condition and the

application used is well connected. In electronic trials, judges/committee of

judges, registrar/substitute clerks, public prosecutors and legal advisers are

required to use their respective attributes as in the trial regulated in the Criminal

Procedure Code, and ensure that they are connected in the application used. like

zoom. From the results of research at the Medan District Court, the preparation

of electronic trials takes a lot of time and energy, especially infrastructure related

to the internet network that must be well connected, for example the clarity of

sound or audio, images or visuals from the parties participating in the trial.

In the conduct of the hearing electronically, the Defendant accompanied

by Legal Counsel must be physically in the same room as the Defendant, but if

the Legal Counsel does not allow accompanying the Defendant in the detention

center/ prison, the Legal Advisor may convene at the Public Prosecutor's office

or the Court. The room where the Defendant attends the trial must be equipped

with a recording device/camera/CCTV that can show the overall condition of the

room. The Registrar/Substitute Registrar records everything that happens during

the trial process, to be further included in the Minutes of the Session. In contrast

to the direct trial as regulated in the Criminal Procedure Code that the trial stage

is the most important stage in the trial, good preparation will launch every other

stage, including the stage of examining documents, evidence, witnesses and/or

experts, examining defendants.

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Indictments and Objections; According to Article 8 of Perma No. 4 of

2020 states that: The indictment, objection/exception, and the opinion of the

Public Prosecutor are read out in a trial conducted in accordance with the

provisions of Article 2 paragraph (1) or paragraph (2). In the event that the trial

is conducted electronically, the objection/exception document is sent to the

Judge/Judge Council and the document file is forwarded to the Public Prosecutor

and carried out as stipulated in Article 3 paragraph (2) and paragraph (3). In the

event that the trial is conducted electronically, the opinion of the Public

Prosecutor on the Defendant's objection/exception is sent to the Judge/Judge

Council as regulated in Article 3 paragraph (2) and paragraph (3).

Electronic hearings at criminal trials in Indonesia, indictments,

objections/exceptions, and the opinion of the prosecution are read out in court

then documents will also be sent to the address pos-el. In order to shorten the

time the indictment is read out no longer in its entirety given the many obstacles

and in order to save time, the indictment is usually agreed upon in advance to be

read directly to the point. As a consequence of this situation, advocates are less

effective in defending their clients because the process of submitting objections

is not optimal due to the limited time given. From the defendant's point of view,

the submission of the defense memorandum by the defendant is considered to be

a mere formality because it is not carried out directly, due to the limited time in

the submission of the defense memorandum.

Provisional Verdict; In Article 9 of Perma No. 4 of 2020 explains : The

decision/interlocutory decision shall be pronounced in a session open to the

public in the presence of the Public Prosecutor, the Defendant and/or legal

counsel, unless otherwise stipulated by the provisions of the legislation. Under

certain circumstances, the hearing for the pronouncement of the interlocutory

decision/decision may be held electronically.Submission of the interlocutory

decision if it is related to the Criminal Procedure Code, the difference is only

direct and indirect. If the KUHAP is submitted directly in court, in an electronic

trial it is submitted electronically with the zoom application, it is the same with

other agendas.

Examination of Witnesses and Experts; Article 10 of Perma No. 4 of

2020 states, "In certain circumstances the Judge/Judge Council may determine

that the examination carried out on Witnesses and/or Experts is in: Prosecutor's

Office within its jurisdiction; The court where the Witness and/or Expert is

located if the witness and/or Expert is inside and outside the jurisdiction of the

Court hearing he case; The Embassy/consulate General of the Republic of

Indonesia with the approval/recommendation of the Minister of Foreign Affairs,

in the event that the Witness and/or expert is abroad; or Other places determined

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by the Judge/Judge Council”.Prior to the examination of witnesses/experts, the

party presenting the Witness and/or Expert notify/send to the

Registrar/Substitute Registrar in the form of: Number of witnesses and/or experts

to be presented; The account where the Witness and/or Expert is examined

which can be connected to the application for the trial; and Other required

documents.

Article 12 of Perma No. 4 of 2020 specifically mentions the

examination of witnesses whose identities according to the laws and regulations

or according to the Judge/Judge Council must be kept confidential. The

Chairperson of the Haakim Assembly ordered the Registrar/Substitute Registrar

to turn off the video feature in the Witness's display on the trial application and

the Witness only gave information in an audio format with a disguised voice or

listened to the Witness's statement without the presence of the Defendant. That

witnesses and/or experts are sworn in directly in the middle of the examination

process. The presence of witnesses and/or experts in person is very beneficial

where the examination can be carried out properly with the hope that all the facts

can be dug well when the parties are gathered face to face, although sometimes

witnesses are difficult to present reminding the pandemic that every witness

presented must be in good condition. healthy. According to one of the Public

Prosecutors who are currently in session, difficulties were found in examining

witnesses, that the witnesses and/or experts presented were in good health and

able to provide good information, otherwise the examination of witnesses could

be postponed instead of having to be examined in a witness position elsewhere.

Defendant's Examination; Article 13 of Perma No. 4 of 2020 states: The

accused who is in detention shall have his testimony heard from the place where

the Defendant is being held, accompanied/unaccompanied by a Legal Counsel;

The accused who is in custody, but the place where the Defendant is being held

does not have facilities for an electronic trial, his statement shall be heard from

the office of the Public Prosecutor; or If the Defendant is not detained, his

testimony shall be heard at the Court of the Public Prosecutor's Office, or at

another place determined by the Judge/Judge Council through an stipulation.

Whereas the electronic trial in terms of examining the Defendant is carried out

remotely by using the zoom application. The process of proving criminal cases at

trial electronically has become a challenge for judges in finding and digging up

the material truth of an event that occurred. However, the Judge in deciding is

still guided by 2 (two) pieces of evidence and added by the Judge's conviction.

Article 184 of the Criminal Procedure Code states that the evidence includes

witness statements, expert statements, letters, instructions and statements of the

defendant. One of the difficulties faced by judges is that they are quite difficult

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in conducting examinations, due to the examination of the defendants being

carried out remotely, thus limiting the space for judges to explore facts during

the trial process.

Evidence Check; Article 13 of Perma No. 4 of 2020 states that: In the

event that the trial is conducted electronically and the delegation is carried out

electronically, the evidence to be examined remains at the office of the Public

Prosecutor; The Public Prosecutor shall show the evidence to the Judge/Judge

Council electronically. In the event that the evidence is in the form of a printed

document, the Judge of the Panel shall match the scanned document contained in

the case file with the original document presented by the Public Prosecutor

electronically. In the event that the evidence is in the form of a printed

document, the evidence can be photographed or videotaped and sent to the

court's e-mail address in the trial before being submitted as evidence. In the

event that the Defendant submits mitigating evidence, either in the form of

printed or non-printed documents, the evidence shall be treated in the same way

as the evidence as referred to in paragraphs (3) and (4); The judge/assessment of

judges matches the evidence sent as referred to in paragraph (3) and paragraph

(4) with the original electronically.

The examination of evidence remotely is carried out using the zoom

application, and then sends visuals or pictures to the Prosecutor's Office assigned

to the Detention Center, to supervise the Defendant who is being examined and

ensure that the evidence is intended for the defendant to see. With this situation,

the Public Prosecutor must provide several cellphones as a means of

communication, considering that all court facilities in Indonesia are not yet

complete. Therefore, the obstacle faced was the difficulty of showing evidence

which only passed through a small screen, which seemed unreal.

Claims, Defenses, Replies and Dublik; Article 15 of Perma No. 4 of 2020 states

that: Criminal charges, defenses, replicas, and duplicates are read before the court

in accordance with the provisions of the Criminal Procedure Code; In the event

that the trial is conducted electronically, the submission of documents for criminal

charges, defenses, replicas, and duplicates shall be carried out in the same way as

the delivery of documents as referred to in Article 3 paragraph (2) and paragraph

(4). Whereas the reading of the Criminal Charges, Defense, Replic and

Duplications is read in front of the trial in accordance with Article 182 paragraph

(1) letter a of the Criminal Procedure Code, namely after the trial is opened, the

Chief Judge explains that today's session is the submission of criminal charges.

The presiding judge then asked the public prosecutor whether he was ready to file

a criminal charge at today's trial. Likewise, the memorandum of defense, replica,

and duplication if any. However, in the online trial, the reading of the Criminal

Herlina Manullan / JOSR: Journal of Social Research, 1(12), 572-586

Criminal Trials Through E-Court During The Covid-19 Period As A Form

Of The Principle Of Fast, Simple And Low-Cost Justice 585

Charges, Defense, Replik, Duplicate and the Memorandum of Defense was

shortened, due to unpredictable obstacles during the trial, including internet

network problems.

Verdict and Notification of Judgment; In Article 16 of Perma No. 4 of 2020

states: Under certain circumstances based on the determination of the Judge/Judge

Council, the hearing for the pronouncement of the verdict may be held

electronically; In the event that the Defendant is not present at the reading of the

verdict, notification of the decision shall be submitted by the Court to the

Defendant via Electronic Domicile in the form of an pos-el address, whatschap

address or SMS; In the event that the Defendant does not have an Electronic

Domicile, notification of the decision shall be submitted by registered mail to the

address of the Defendant's residence with a copy to the Village Head/Lurah: In the

event that the residence and place of residence of the Defendant is not known,

notification of the decision shall be made through the mass media, bulletin boards

and the Court Garden.

The implementation of the electronic trial at the Medan District Court was

carried out by reading the agenda and notification of the decision not much

different as regulated in Article 16 of Perma No. 4 of 2020 with the Criminal

Procedure Code, only the submission as stated in the Perma was submitted

through aa while the Criminal Procedure Code was directly in front of face to

face. The presiding judge explained that today's session was the reading of the

verdict. Before the verdict is read out, the presiding judge asks the parties present

to pay close attention to the contents of the verdict. There are almost no obstacles

when submitting the reading of the verdict, after reading the verdict again, the

decision will be conveyed in electronic form to the parties, such as the Public

Prosecutor, the Defendant, Legal Advisors, in accordance with the provisions of

Article 16 of Perma No. 4 of 2020

CONCLUSION

The embodiment of criminal trials through e-courts during the covid-19

period has become a solution for the implementation of the principles of fast,

simple and low-cost justice, while still upholding the principles of justice solus

populi suprema lex esto. The existence of Perma No. 4 The year 2020 is an effort

to reform the judicial system in Indonesia which is more modern and an effort to

reform the Criminal Procedure Code in Indonesia, especially during the covid-19

period. Whereas the e-court trial has similarities to the Criminal Procedure Code,

but still has differences that cannot be ignored.

Herlina Manullan / JOSR: Journal of Social Research, 1(12), 572-586

Criminal Trials Through E-Court During The Covid-19 Period As A Form

Of The Principle Of Fast, Simple And Low-Cost Justice 586

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