Analisis Yuridis Pemeriksaan Saksi di Persidangan Secara Virtual Online di Masa Pandemi Covid 19
Abstract
The growth of communication and information technology continues to develop,
especially during this Covid 19 pandemic, during a pandemic like today, many things are
carried out virtually online, not least in terms of evidence in court. One of the policies
due to the Covid-19 pandemic is the implementation of social distancing, so that generally
trials conducted conventionally turn into virtual online (teleconference), so that in this
case the examination of witnesses is also carried out (teleconference). The process of
examining witnesses by teleconference raises various pros and cons in its
implementation. The debate that has arisen is that teleconference is against the Criminal
Procedure Code. The Criminal Procedure Code which is the legal umbrella as a
provision that enforces proceedings in Indonesian courts has not explicitly regulated
electronic evidence, in this case teleconferences, so that there is no legal certainty
compared to statements or explanations given directly before the trial by witnesses.
Article 185 paragraph (1) of the Criminal Procedure Code also confirms that "Witness
testimony as evidence is what he stated before the trial". The main problems in this study
are: How is the validity of online virtual witness evidence in the examination of criminal
cases during the covid 19 pandemic; How to reform criminal law related to evidence of
witness testimony virtually online (teleconference).
This type of research is a normative juridical law research conducted by
examining library materials or secondary data. The data sources used are secondary data
sources consisting of primary legal materials, secondary legal materials, and tertiary
legal materials. Data collection techniques are carried out by library research or library
research. Data analysis used qualitative methods which were carried out descriptively.
The results of this study are the validity of online virtual witness evidence in the
examination of criminal cases during the covid 19 pandemic. The obstacles in this
implementation are: Contrary to Law Number 8 of 1981 concerning the Criminal
Procedure Code, where there are no special rules which regulates the examination of
witnesses virtually online (Teleconference). Efforts that can be made to overcome these
obstacles are: carrying out legal reforms related to the Criminal Procedure Code, it is
necessary to carry out harmonization and synchronization in the Criminal Procedure
Code (KUHAP). With the birth of the new KUHAP, which in this case is ratified and
enforced as positive law as the basis for implementing procedural law in Indonesia, it is
hoped that it can bring useful changes in the context of law enforcement with the aim of
realizing justice for the entire community.
Keywords: Witness Examination - Virtual Online (Teleconference) - Covid 19
Pandemic.
especially during this Covid 19 pandemic, during a pandemic like today, many things are
carried out virtually online, not least in terms of evidence in court. One of the policies
due to the Covid-19 pandemic is the implementation of social distancing, so that generally
trials conducted conventionally turn into virtual online (teleconference), so that in this
case the examination of witnesses is also carried out (teleconference). The process of
examining witnesses by teleconference raises various pros and cons in its
implementation. The debate that has arisen is that teleconference is against the Criminal
Procedure Code. The Criminal Procedure Code which is the legal umbrella as a
provision that enforces proceedings in Indonesian courts has not explicitly regulated
electronic evidence, in this case teleconferences, so that there is no legal certainty
compared to statements or explanations given directly before the trial by witnesses.
Article 185 paragraph (1) of the Criminal Procedure Code also confirms that "Witness
testimony as evidence is what he stated before the trial". The main problems in this study
are: How is the validity of online virtual witness evidence in the examination of criminal
cases during the covid 19 pandemic; How to reform criminal law related to evidence of
witness testimony virtually online (teleconference).
This type of research is a normative juridical law research conducted by
examining library materials or secondary data. The data sources used are secondary data
sources consisting of primary legal materials, secondary legal materials, and tertiary
legal materials. Data collection techniques are carried out by library research or library
research. Data analysis used qualitative methods which were carried out descriptively.
The results of this study are the validity of online virtual witness evidence in the
examination of criminal cases during the covid 19 pandemic. The obstacles in this
implementation are: Contrary to Law Number 8 of 1981 concerning the Criminal
Procedure Code, where there are no special rules which regulates the examination of
witnesses virtually online (Teleconference). Efforts that can be made to overcome these
obstacles are: carrying out legal reforms related to the Criminal Procedure Code, it is
necessary to carry out harmonization and synchronization in the Criminal Procedure
Code (KUHAP). With the birth of the new KUHAP, which in this case is ratified and
enforced as positive law as the basis for implementing procedural law in Indonesia, it is
hoped that it can bring useful changes in the context of law enforcement with the aim of
realizing justice for the entire community.
Keywords: Witness Examination - Virtual Online (Teleconference) - Covid 19
Pandemic.
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