PROBLEMS OF VIRTUAL CRIMINAL TRIALS IN INDONESIA'S CRIMINAL JUSTICE SYSTEM

Abstract

The purpose of writing this article is to examine criminal trials conducted virtually, especially during the mass Covid-19 pandemic in Indonesia. These changes have implications for the implementation of the principles and norms of criminal procedural law. The results show that virtual criminal trials face problems of legitimacy and communication to find material truth. Virtual trials are not regulated in Indonesian criminal procedural law so that there is a legal vacuum. The legality of virtual trials is regulated by Supreme Court Regulation Number 4 of 2020 concerning Electronic Trial of Criminal Cases. Substantially, this regulation contradicts many principles and norms of criminal procedural law. The virtual trial of criminal cases requires the readiness of facilities and human resources in mastering technology. This readiness is very important in relation to efforts to find material truth. Communication between judges, prosecutors, lawyers, defendants and witnesses through virtual space in the trial stages is closely related to the principles of good justice. Therefore, it requires the readiness and ability of the parties to use technology as well as a strong regulatory framework.