Regulating Electronic Criminal Case Trial Based on Dignified Justice

Pakpahan, Novritsar Hasintongan (2022) Regulating Electronic Criminal Case Trial Based on Dignified Justice. Doctoral thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

Research on regulation of Electronic Criminal Case Trial based on Dignified Justice is found on the ground that the current regulation regarding criminal procedural law such as Act 8 of 1981 and other criminal procedural law-based statutes have not regulated electronic criminal case trial. Supreme Court Regulation 4 of 2020 regarding Administration and Electronic Criminal Cases Trial has not regulated specifically regarding rights and obligations of related parties in court hence causing the lack of human right protection including human dignity. The methodology research applied in this research is based on normative research that used conceptual approach, statute approach, case approach, and philosophical approach. The purpose of the research is to analyze and finding the urgency of regulating electronic criminal case trial based on dignified justice and concepting regulation of electronic criminal case trial based on dignified justice. The methodology used for this research in the form of normative research with the use of research approaches namely statute approach, philosophical approach, case approach, and comparative approach. The legal analysis is conducted deductively based on major premise of dignified justice and minor premise of the current condition of electronic criminal case trial in effect. The result of the research showed that electronic criminal case trial needs to be regulated in the form of regulations, specifically statutes due to the current practice of electronic criminal case trial has not fulfilled dignified justice which can be perceived from the lack of human rights protection for parties in court. The concept of electronic criminal case trial can be conducted towards two main aspects, namely due process of law and setting the authority of the conduct of trial that can enlighten the human rights through legal rights and obligations of parties in court. Keyword: electronic criminal case trial, dignified justice

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