Abstract

The COVID-19 pandemic has led to changes in human order and patterns of life by implementing a new normal life. One of those affected is the law enforcement sector in Indonesia. Enforcement of Criminal Law ultimately applies an adjustment mechanism when conducting a case review in court. If during this time the examination of the case bases KUHAP with face-to-face directly methods, then with COVID-19 turn it into a mechanism of remote trial electronically (virtual) using the Supreme Court Regulation (PERMA) as the basis. Further research is needed to ensure the legality of the use of PERMA in the application of such electronic hearings. This research method is a normative approach that combines conceptual approach in the form of prevailing views and doctrines, statute approach by attracting conformity between rules, sociological, philosophical, juridical and case approach as a form of implementation or application of norms. The results of the study stated that PERMA is a legal product that is legally binding and have binding legal force. It's just that the arrangement of this virtual trial needs to be raised to the level of law so that it has parallels with Criminal Procedure Code (KUHAP), or at has the force of law least can be proposed to the President to be published into Government Regulations in Lieu of Laws or Peraturan Pemerintah Pengganti Undang-Undang (Perppu).

Highlights

  • The COVID-19 pandemic has led to changes in life patterns for mankind

  • Implementation of a Virtual Trials for Criminal Case in the COVID-19 Pandemic Situation In principle, the trial of criminal cases is based on the provisions contained in the Criminal Procedure Code (KUHAP) as the basic rules in the conduct of the trial

  • In principle, the trial of criminal cases is based on the provisions contained in the Criminal Procedure Code (KUHAP) as the basic rules in the conduct of the trial which regulates the implementation of conventional trials

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Summary

Introduction

The COVID-19 pandemic has led to changes in life patterns for mankind. The government issued various policies to cut the chain of transmission of the COVID-19 virus. With the policies created has led to changes in the pattern of interaction between people. The Minister of Health issued a Decree of the Minister of Health (Permenkes) of the Republic of Indonesia No HK.01.07/MENKES/328 concerning Guidelines for Prevention and Control of Corona Virus Disease 2019 (COVID-19) in Office and Industrial Workplaces in Supporting Business Continuity in Pandemic Situations and Decree No HK.01.07/MENKES/382 on Health Protocols for People in Public Places and Facilities in order to Prevent and Control Corona Virus Disease 2019 (COVID19). An innovation was made to run the trial process remotely. The trial process is no longer only carried out in the courtroom, but can be a virtual (not directly face to face). The term a virtual trial is familiarly referred to as an online, it’s by video teleconference, video conference.[1]

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