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引用次数: 2

摘要

席卷印度尼西亚和世界的2019冠状病毒病(Covid-19)大流行要求人们改变行为和生活习惯。教育、经济、社会甚至法律部门受到影响,在开展活动时立即实施新的模式。包括在原来面对面或各方同室审理的法庭程序中,必须努力实施新模式,最大限度地减少新冠病毒的传播。电子法庭作为刑事案件审查中的一个新概念而出现。在单独的房间里进行考试的模式,通过媒体与信息技术设施相连接,其实施机制是根据刑事诉讼法的原则来规范的,希望它能满足诉讼当事人的正义感。在本研究中,我们将研究电子法院如何在改革国家刑法的概念下创建现代刑事司法制度。本研究是运用概念和立法方法的规范性法律研究。从这项研究中可以看出,如果把电子法院说成是流行病造成的暂时反应,而是全球化对印度尼西亚刑法未来的挑战,那么电子法院是不合适的,因为刑法改革必须始终对科学和技术的发展作出反应,以提高其在社会中的职能,即执法的效力。
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An Electronic Court in the Perspective Criminal Law Reform
The Corona Virus Disease-2019 (Covid-19) pandemic that hit Indonesia and the world demands changes in behavior and habits in life. The education, economic, social, and even legal sectors are affected to immediately implement new patterns in carrying out their activities. Including in the court process which was originally conducted face to face or presenting all parties in the same room, efforts must be made to implement a new pattern to minimize the spread of Covid-19. The electronic court has emerged as a new concept in the examination of criminal cases. With the pattern of examinations carried out in separate rooms that are connected through the media with information technology facilities, whose implementation mechanism is regulated by taking into account the principles of criminal procedural law, it is hoped that it can fulfill a sense of justice for litigants. In this study, we will examine how an electronic court can create a modern criminal justice system following the concept of reforming the national criminal law. This research is normative legal research using a conceptual approach and legislation. From this research, it can be seen that the electronic court is not appropriate if it is said to be a momentary reaction due to the pandemic but is a challenge of globalization for the future of Indonesian criminal law where criminal law reform must always be responsive to the development of science and technology to increase the effectiveness of its functions in society, namely law enforcement.
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