Febby Mutiara Nelson, Intan Hendrawati, and Rafiqa Qurrata A’yun
Sriwijaya Law Review ◼ Vol. 7 Issue 2, July (2023) [228]
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Finding the Truth in A Virtual Courtroom: Criminal Trials in Indonesia
during the COVID-19
Febby Mutiara Nelson,
a
Intan Hendrawati,
a
and Rafiqa Qurrata A’yun
b
a
Faculty of Law, Universitas Indonesia, Indonesia. Corresponding author Febby Mutiara Nelson, e-mail:
febymutiara.n2@gmail.com
b
Melbourne Law School, University of Melbourne, Australia. E-mail: rayun@unimelb.edu.au
Article Abstract
Keywords:
Criminal Proceedings;
Technology; The COVID-
19; Virtual Courtroom.
Article History
Received: Nov 30, 2022;
Reviewed: Jan 13, 2023;
Accepted: Jul 18, 2023;
Published: Jul 31, 2023.
DOI:
10.28946/slrev.Vol7.Iss2.2
465.pp228-243
Video conferencing through video call platforms, such as Zoom and Google
Meet, has become a useful option for judges holding criminal trials during
the COVID-19 pandemic in many countries. This trend also occurred in
Indonesia. Some judges believe that video conferencing technology will help
them accomplish justice in an emergency, referring to the legal maxim 'salus
populi suprema lex esto’ or ‘let the welfare of the people be the supreme
law’. Although virtual trials assist courts in preventing the spread of the
deadly virus, they have also affected the work of judges to reach the
substantive truth. This paper examines the challenges concerning the rights
of the accused and technological matters that have emerged under the use of
virtual courtrooms and, in some ways, led to unfair trial procedures. We
argue that the absence of laws that regulate virtual courtrooms, along with
an outdated the Code of Criminal Procedure in Indonesia (KUHAP), can lead
to miscarriages of justice. The arguments presented in this article are based
on survey data conducted from December 2020 to January 2021. The
respondents are judges from Indonesia's western, middle, and eastern regions
who used video conference facilities for criminal court hearings during the
COVID-19 outbreak of 2020-2021.
©2019; This is an Open Access Research distributed under the term of the Creative Commons Attribution License
(https://Creativecommons.org/licences/by/4.0), which permits unrestricted use, distribution, and reproduction in
any medium, provided the original works are properly cited.
INTRODUCTION
The Coronavirus disease (COVID-19) pandemic has drastically changed how legal procedures
are undertaken, including those in criminal trials. Around the world, this pandemic has
challenged courts to tackle cases despite their limited abilities to operate face-to-face
communication, resulting in the utilisation of virtual courtrooms through video conference
applications such as Zoom and Google Meet. In some countries which experienced a severe
spread of COVID-19, like Italy, civil and criminal proceedings were suspended for several
ISSN Print: 2541-5298
ISSN Online: 2541-6464
228-243