HAMBATAN DALAM PERSIDANGAN SECARA EL-EKTRONIK TERHADAP TERDAKWA YANG TERINFEKSI COVID-19

Abstract

The development towards virtual in the trial when viewed sociologically is a necessity, either as a reaction to the Covid-19 pandemic, or as a reaction to technological advances. Especially during the Pandemic, law enforcers are faced with a very concrete situation in the form of the choice of resolving cases that are handled virtually or delaying the trial with the consequence that the number of cases will accumulate in the future. Triggered by this situation, the law showed a moment of flexibility following the issuance of a number of regulations which, although not in the form of a law, were empirically implemented to ensure legal certainty. The purpose of the study was to identify obstacles in the electronic trial of defendants infected with COVID-19. This research method is normative law or doctrinal law research. Sociological legal research methods. The approach method used is a case approach which is directly related to the topic and the discussion in this case is an obstacle in the electronic trial of defendants infected with COVID-19. As a result, the limited IT staff has caused the preparation of virtual trials to be slow, there is no uniformity from the Court for teleconference hearings while still requesting the presence of the Public Prosecutor and Legal Counsel for the Defendant and witnesses at the trial, the internet network is not yet stable, resulting in frequent delays and network disconnections. at the time of the trial. The suggestion is to form a law that regulates online criminal trials for a certain period of time.