Examination of Parties to Electronic Litigation in the Religious Courts

Authors

  • A. Rizqon Faghfirli Banjarbaru Religious Courts

DOI:

https://doi.org/10.51749/injurlens.v3i2.74

Keywords:

Electronic Trials, Judiciary, Audio Visual

Abstract

Electronic courts provide convenience to justice seekers starting from registration, summons, and trial proceedings. On the other hand, electronic trials will also have implications for the effectiveness and efficiency of the litigation process, so that not much time is wasted and costs are not incurred. However, it is interesting to analyze in fact that in Supreme Court Regulation Number 7 of 2022 the author does not find any rules governing the procedures for examining one of the litigants who do not agree to conduct electronic trials, in the case of electronic trials (e-Litigation) Court Regulations Agung Number 7 of 2022 only regulates the exchange of response documents, replicas and duplicates from the parties electronically as well as arrangements for examining witnesses or experts which can be carried out remotely through electronic audio-visual communication media. So a party who refuses an electronic trial is deemed not to have exercised his rights so this is detrimental to that party, there is no procedure available for that party to continue to exercise his rights.

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References

Book

Abdulkadir Muhammad, 2004, Law and Legal Research, Bandung : PT. Citra Aditya Bakti.

A. S. Pudjoharsoyo, 2019, Direction of Technical Policy for the Implementation of Electronic Courts (Facilities and Infrastructure as well as Human Resources Requirement), Jakarta: Gramedia Pustaka Utama.

Cik Hasan Basri, 2003, Religious Courts in Indonesia, Jakarta: Raja Grafindo Persada.

H.A. Khisni, 2011, Religious Judiciary Law, Semarang: Unisula Press.

Peter Mahmud Marzuki, 2015, Legal Research-Revised Edition, Kencana : Prenada Media Group.

Sigid Suseno Masyhudi, 2021, Virtual Court: Idealism, Opportunities, Challenges, and Its Implementation, Jakarta: Kompas.

Yudha Bakti Ardhiwisastra, 2000, Interpretation and Construction of Law, Bandung: Alumni.

Zaini Ahmad Noeh, 1996, Javanese Libraries as a Source of Historical Development of Islamic Law, in Amrullah Ahmad (Ed), Dimensions of Islamic Law in the National Legal System, 1st Print, Jakarta: Gema Insani Press.

Journal/Article

Aidil Zil, “The Implementation of E-Court in Achieving Effective and Efficient Civil Case Resolution”, Journal of Legal Issues, Jilid 49 No. 1, 2020, Available at https://ejournal.undip.ac.id/index.php/mmh/article/view/25991, accessed on 1 Mei 2023.

Anggita Doramia Lumbanraja, “Development of Regulations and Implementation of Online Trials in Indonesia and United Stated During the Covid-19 Pandemic”, Journal Crepido Vol 2. No 1. 2020.

Anggreini and RR. Dewi, “The Covid-19 Pandemic Outbreak: The Urgency of Implementing Electronic Hearings”, Journal of Law, Vol 4 No 1. 2020.

Ni Putu Riyani Kartika Sari, “The Existence of E-Court to Realize the Principle of Simplicity, Speed, and Cost-Effectiveness in the Civil Judicial System in Indonesia”, Journal of Yustitia 13, No. 1 (2019), http://www.ojs.unr.ac.id/index.php/yustitia/article/view/275 accessed on 03 Mei 2023.

Ramdani Wahyu S, “Religious Courts as Modern Courts (Analysis of E-Litigation Implementation in Religious Courts)”, Journal of Law and Development, Vol 51. (1) : Jakarta. 2020.

Retnaningsih Sonyendah (Dkk), 2020, “Implementation of E-Court According to Supreme Court Regulation Number 3 of 2018 concerning Electronic Case Administration and E-Litigation According to Supreme Court Regulation Number 1 of 2019 concerning Electronic Case Administration and Proceedings (A Study in District Courts in Indonesia)”, Journal of Law and Development, Vol. 50 N0.1, available at http://jhp.ui.ac.id/index.php/home/article/view/2486/0, accessed on 01 Mei 2023.

Legislation

Law Number 48 of 2009 concerning Judicial Power.

Supreme Court Regulation Number 7 of 2022 concerning Amendments to Supreme Court Regulation Number 1 of 2019 concerning Case Administration and Court Proceedings Electronically.

Supreme Court Circular Letter Number 1 of 2020 concerning Guidelines for Implementing Duties During the Period to Prevent the Spread of Corona Virus Disease 2019 (Covid-19) within the Supreme Court and the judiciary under it.

Internet Access

Rafli Fadilah Achmad (Hukumonline), 25 November 2019, Get to Know E-Litigation Proceedings More Closely, https://www.hukumonline.com/berita/baca/lt5ddb56f5b594c/mengenal-lebih-jauh-bentukpersidangan-bernama-e-litigation-oleh--rafli-f-achmad/, accessed on 21 April 2023.

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Published

2023-10-05

How to Cite

A. Rizqon Faghfirli. (2023). Examination of Parties to Electronic Litigation in the Religious Courts. International Journal of Law, Environment, and Natural Resources, 3(2), 232–242. https://doi.org/10.51749/injurlens.v3i2.74