‘Virtual Court’ in the Perspective of Criminal Procedure Code

Abstract

The pandemic of COVID-19 has changed the pattern of how human think, behave, and act, not only in social interaction, but also in the law enforcement system. The development of Information Technology (IT) has brought up new system of video conferencing/teleconferences as a means of conducting ‘Virtual Court’ as a response to the ‘social distancing’ or ‘physical distancing’ which is actually one of the ways in preventing the spread of COVID-19. This research is a normative legal research applying legislation approach, case approach, comparative legal approach, and conceptual approach toward legal material collected through literature study, and then analyzed using grammatical, systematic, and extensive interpretation methods. Based on the results of the study, several countries such as the United Kingdom, China, Australia (New South Wales), America (New York), and Indonesia (although limited to the examination of witnesses) have applied the ‘Virtual Court’ in their Judicial System. The use of the ‘Virtual Court’ method through video conferencing/teleconference facilities in the Criminal Procedure Code is not the first or primary choice in criminal proceedings. In abnormal emergencies due to COVID-19 pandemic as it occurs now, examination through the ‘Virtual Court’ method can certainly be used as a solution. Actually, that is needed in the Criminal Procedure Code as the manifestation of the Criminal Justice System is the juridical substance of the judicial instruments while still accommodating the human rights of victims, witnesses, and defendants to create a ‘fair trial’ and not their ‘physical’ presence in the courtroom. The need for a quick legal breakthrough related to the implementation of ‘Virtual Court’ through the Supreme Court Regulation (PERMA) with active discretionary consideration (active beleid or vrijs ermerssen) is to make a Memorandum of Understanding through the forum of the Court, The Ministry of Law and Human Rights, Attorney General’s Office and the Indonesian Police (DILKUMJAKPOL). It is done while waiting for the Act or Government Regulation in Lieu of Law (PERPU) that regulates expressly.