Under-Legislation in Electronic Trials and Renewing Criminal Law Enforcement in Indonesia (Comparison with United States)

paper aims to propose the implementation of electronic justice within the Indonesian criminal justice system


INTRODUCTION
Human interactions are fundamentally regulated by a legal framework, ensuring that the criminal justice system holds individuals accountable for their actions in accordance with statutory provisions. As part of this system, individuals who violate the law will undergo a judicial process, where they will be tried in court before receiving a sentence or punishment. By adhering to this plan, the criminal justice system aims to uphold the principles of fairness, due process, and accountability. It ensures that those who engage in Available online at http://journal.unnes.ac.id/sju/index.php/jils unlawful behavior face the appropriate legal consequences for their actions. The process involves the examination of evidence, presentation of arguments by both the prosecution and defense, and a judgment rendered by a court of law. 1 Through this judicial process, the criminal justice system seeks to strike a balance between the protection of individual rights and the maintenance of public order and safety. It serves as a mechanism to deter criminal behavior, provide justice for victims, and rehabilitate offenders where possible.
Procedures in court are based on the following applicable legal principles: "The defendant is required to appear in court and undergo direct oral examination. Law Number 8 of 1981 Governing Criminal Process (hence referred to as KUHAP) governs the general phases and methods of trial for criminal matters in the district court". It is undeniable, however, that KUHAP as a guide in the present criminal justice system has a number of flaws. These problems can be traced back to the progress of technology that has rendered the KUHAP's little details of criminal procedure seem archaic and inefficient.
The rapid advancement of computer-based information communication technology has had an effect on the manner of living in modern society. The advancement of this technology ultimately made life easier for the community. The widespread availability of the internet is one technological boon appreciated by locals. These days, knowledge is a medium that may make or break a country's economy, both in the developing world and the industrialized world. 2 Because of these technical advances, KUHAP feels they are falling behind.
Because of this delay, criminal trials had to be conducted 1 Available online at http://journal.unnes.ac.id/sju/index.php/jils determined to testify (Correctional Institution, Attorney General's Office, Corruption Eradication Commission). 4 Doing the experiment via teleconference under the current corona pandemic settings is crucial. In the context of criminal law, the question is whether this procedure violates the principles of criminal justice, the regulatory content of which is founded on the protection of human rights. 5 Similarly, under legislation, a legal product is generated by an entity or institutions that are not mandated as lawforming institutions, and this is how electronic justice's legal rules are shaped. 6 When considered from a sociological perspective, the trend towards virtual trials is not optional; it is an inevitable response to either the Covid-19 Epidemic or the rapid growth of related technologies. During the Pandemic in particular, law enforcement agencies faced a stark reality: they either had to resolve matters digitally or postpone trials, which would only lead to a backlog of cases. This event sparked the issue of a slew of regulations that, while not in the form of a law, were empirically applied to assure legal clarity, demonstrating the law's moment of flexibility. 7  Available online at http://journal.unnes.ac.id/sju/index.php/jils wouldn't be tolerated in a state of law, but the question is how the validity of this practice is determined.
Before the Covid 19 epidemic, there was still some fuzziness about what constituted an electronic trial or teleconference; this suggested that the subordinate judicial institutions did not follow uniform procedures when it came to holding electronic trials.
Supreme Court Regulation 4 of 2020, Relating to the Electronic Administration and Trial of Criminal Matters in Court, was released much later (hereinafter referred to as PERMA). Witnesses, experts, and evidence are all spelt out in detail in the legislation, giving electronic trials a concrete structure. 8 Not only can cases be filed digitally (known as e-court) through the Perma, but trials can also take place digitally (known as e-litigation). 9 Yet, it remains unclear if legal goods based on Perma can adequately serve as a legal foundation for the implementation of a criminal justice system whose core value is the protection of individual rights. The goal of this research was to develop a plan for implementing electronic justice in Indonesia, which would help bring about the aforementioned reform of the country's criminal law enforcement system. This study takes a statutory approach, a conceptual one, and a comparative law one to arrive at its normative conclusions. 10  to the reading of verdicts by judges. It is imperative to address this concern to maintain the transparency and integrity of the judicial system. 16 The regulation regarding open trials for the public must commence with the formulation of PERMA, which must adhere to principles and laws that are hierarchically superior to PERMA. Thus, in the authors' opinion, there are two options that can be taken,   Available online at http://journal.unnes.ac.id/sju/index.php/jils victim testifies directly through electronic means, he or she is required to be accompanied by an authorized official. This law was passed in an effort to better protect witnesses and victims.
As regarded from a sociological perspective, electronic trials are a need. This could be a reaction to the Covid-19 Epidemic or it could be a reaction to technical advancements. 23 Especially during the Pandemic, law enforcement officials were confronted with a very concrete situation in the form of a choice between resolving cases handled virtually or postponing trials, with the consequence of piling up the number of cases in the future. This choice was presented to them as a choice between resolving cases handled virtually or postponing trials. As a result of this circumstance, the law displayed a moment of flexibility after the issuing of a number of rules. These regulations, which did not take the form of a law but were empirically applied to ensure legal certainty, were triggered by this situation. 24 There is still a challenge associated with the adoption of electronic criminal trials. The reason for this is that, up until this point, there has not been a legal framework in place that stringently regulates the criteria for the actual implementation of electronic trials.
In the meanwhile, the process addressing this topic is the sole alternative that can be utilized in order to carry out criminal trials. should be done about other institutions of law enforcement that are part of the criminal justice system? It is essential to give some thought to this matter in order to ensure that the legitimacy of computer-based criminal justice systems will not be called into doubt in the future.
The authors have previously clarified that the provisions of online criminal trials are implemented based on PERMA and the joint agreement formed by the three institutions linked to the execution of the trial. This agreement was made in relation to the implementation of the trial. On the other hand, this may result in difficulties because the discovery of material justice as a goal in criminal proceedings may no longer be possible. The criminal trial, which, as we all know, is not just a meeting, but rather, the criminal trial, which is based on procedural law, is a set of processes to find the material truth or the true truth of a criminal event, which, in essence, creates a fair and clear Texas, which make it very simple to get around using private vehicles, are able to watch the hearings unfold from within the courtroom itself. 31 This procedure is not followed in the courts located in Manhattan, which make heavy use of public transportation and require the judge to travel to sessions from his or her home in order to preside over them. To make the trial as accessible as possible, the court will post a list of trial-related information on its website and will also make a special court telephone line available so that members of the public who are interested in following the trial can get in touch with the court directly. In addition, courts in the United States always supply a stenographer, who is a someone who takes notes and records the proceedings, and transcripts of the proceedings are always  It is common knowledge that legal reform entails making a conscientious, well-planned, and long-term effort within the context of the construction of a legal system, with regard to both the substance (legal content) and the institutions of the legal system. The law, in all its normative and its practical elements, encompasses all facets of life; nonetheless, it is just one of the ways that delays might be formed. As a result, the study of law needs to take into account all elements of life in order to be forward-thinking and to collaborate effectively with other fields. In other words, the purpose of legal reform is to free, both in terms of the manner that thinking and acting in law is done, so that the law is able to play a part and function to serve humans and humanity. This goal of legal reform was originally formulated by John Stuart Mill. The inevitable conclusion is that the legal system will always be subject to change, maybe in both an evolutionary and revolutionary direction. 34 When seen from the standpoint of renewal, changes in the law might be interpreted as an attempt to reform the law (law reform Available online at http://journal.unnes.ac.id/sju/index.php/jils the use of legislation as an instrument for law reform is an effective tool. It has been asserted that the formulation of laws and regulations can be planned in order to plan legal reform, and it has also been suggested that this is possible. It is not the sole responsibility of legislation to execute the function of renewing (previous) legislation. 35 It is also possible to employ legislation as a tool for the purpose of modernizing jurisprudence, customary law, or customary law. In order to, among other things, replace legislation that was passed by the government of the Dutch East Indies, the job of updating law is to replace that legislation. In addition to this, it is necessary to revise any post-independence national statutes and regulations that are no longer appropriate in light of new circumstances and advancements.
The purpose of legislation in the sphere of customary law or customary law is to replace customary law or customary law that is not in harmony with current realities. The use of legislation as a tool for the reform of customary law or customary law is extremely valuable since the latter two laws are very stiff to change in certain issues. This is why the use of legislation as an instrument for reforming customary law is very useful. 36 Therefore, it is important to note the inevitability of electronicbased criminal justice from the perspective of legal reform.  In the field of criminal justice, the gathering of evidence is the stage at which efforts are made to obtain material witness testimony.
When it comes to evidence, there is a principle known as actori incumbit probatia, which stipulates that in the event that one party implies or denies the occurrence of an event, the person in question is obligated to provide proof of it. 41 In accordance with this guiding concept, the burden of proof, also known as the bewijslast, is typically shouldered by the prosecutor in public prosecutions of criminal offences. This idea is driven home even further by the rules of Article 66 of the Criminal Process Act, which provide that the suspect or defendant does not bear the responsibility of proving their innocence.
According to a contrario interpretation of this rule, it is recognized that the one who is obligated to show something is the prosecutor in their capacity as the public prosecutor. 42 Because the act of being a criminal inherently breaches human rights, the criminal justice system is an endeavor to discover material truth because the process is carried out in a measured manner. This may be understood based on the explanation that was provided earlier in this paragraph. 43 The gathering and presentation of evidence in legal proceedings is fundamentally a procedure that aims In order to ensure a good use of electronic-based criminal justice and to prevent future difficulties in its use in the criminal justice system in Indonesia, there are significant aspects that must be considered in addition to the regulatory aspects that the author will detail below.
In the further context, it is necessary to design or construct online facilities that can enable flexibility, convenience, and support for a rapid trial without the necessity for face-to-face encounters. In order to protect data and reduce the risk of cybercrime, electronic trials need to take place via a network that is encrypted. In order to successfully execute electronic trials, one of the challenges and obstacles that must be overcome is the strength of the network.  46 It is very evident that search engines have the ability to control who has access to specific information. It is similar to being condemned to digital non-existence when search results are removed or simply down-ranked, which subsequently restricts individuals' rights to access publicly available information. To be more specific, however, the description provided by Laidlaw is an excellent fit for the overall category of technology enterprises. They are able to mould the ways in which individuals use digital technology since they control individuals' access to these tools.
They have the ability to potentially impact the exercise of our fundamental rights in this way, which is not all that unlike to the way that nation-states have the ability to do so. 47 In this environment, issues emerge over whether or not, to what extent, and how to apply existing constitutional principles controlling the use of state authority to these private players. These questions are brought up because of the context (technology companies). 48 As was discussed in the prior chapter, constitutional systems came into being in order to put a check on the power of dominating actors and to ensure that fundamental individual rights were protected. 49 But, throughout history, their primary objective was to challenge the authority of the state. The rules that are now in place for the constitution do not express any principles for restricting the power of private entities. One is intellectually tempted to apply those principles to the private sector as well, particularly a private sector whose performance orientation is towards the fundamental principles of 46  It is essential, for this reason, to devise specialized tools for the administration of electronic criminal justice in order to guarantee the protection of the parties' and, in particular, the accused's right to personal privacy.

II. LEGAL CERTAINTY ON ELECTRONIC EVIDENCE CAPABILITY
The gathering and presentation of evidence in legal proceedings is fundamentally a procedure that aims to discover and articulate the 50 Saputra, Zaid, and Oghenemaro, "The Court Online Content Moderation : A Constitutional Framework." 51 Saputra, Zaid, and Oghenemaro.
Available online at http://journal.unnes.ac.id/sju/index.php/jils material truth about the criminal offences and errors committed by a person so that the person can be punished for their actions. 52 Because the evidential process is regulated by procedural law, its implementation is subject to certain constraints. These constraints are specifically related to the types of evidence that can be utilized in the process as well as the evaluation of the evidence. 53 As a result of the fact that neither the public prosecutor nor the defendant, acting through his legal counsel, is permitted to freely submit evidence that they believe to be true, the role that the judge plays in evaluating and considering the strength of the evidence becomes very important in this scenario. The law should only refer to the evidence that can be used to make a decision, and judges should base their decisions on that evidence. 54 On the significance of proof, R. Supomo offers two different points of view. In the first place, having proof is necessary in order to attempt to legitimize legal ties. The standards of valid evidence dictate that the existence of evidence is necessary in order to enhance the judge's decision. 55 In the broadest sense, this is what is meant by the term "evidence." Second, providing evidence is essential in the case that the defendant contradicts what the plaintiff has asserted in the lawsuit. Things that are not in dispute do not need to be proven in any way. In the following, we will refer to this in a restricted sense as 52 Henry Donald Lbn. Mertokusumo proposes something that is referred to as the judicial interpretation of proof. According to him, proof can be understood in a legal sense as an endeavor to present adequate grounds to the judge who is evaluating the case in order to provide certainty about the truth of an event that is being argued. This is done in order to provide certainty about an event that is being argued.
In the same vein, Eddy O.S. Hiariej developed the concept of the significance of proof as an essential stage in the process of determining the reality of an occurrence. The idea that criminal justice is a search for objective truth is one that is repeated rather frequently.
If this is the case, providing proof is an obvious next step given that the purpose of providing proof in the first place is to establish the reality of the legal proceedings. So, it is not improper if the most important momentum in the trial of criminal cases occurs at the time where proof is presented. In addition to this, in the context of criminal trials, evidentiary efforts have even been made during the investigation stage as a stage of discovering events that are suspected of being criminal offences in order to determine whether or not an investigation can be carried out. This is done in order to determine whether or not an investigation can be carried out. Because of this, the law of evidence is required in order to discover the truth about a legal event, which is defined as an event that has legal repercussions. 56 During the phase of the investigation in which evidence is being gathered, the indictment that the prosecutor has produced in his capacity as a public prosecutor will serve as a point of reference  (1) and (2) constitute the foundation of the ITE Law. These paragraphs specify that electronic information and/or electronic documents and/or their prints are also valid evidence that can be utilized in the administration of criminal justice. As a direct result of the ITE Legislation, the creation of this particular kind of evidence took place.
In a criminal case, the evidence process plays a significant role in determining the verdict that the court will ultimately hand down. If the judge concludes that the defendant's activities have been legally and clearly demonstrated, then it is likely that the offender will be given a punishment for their crime. On the other hand, the defendant will be found not guilty if the accusation cannot be lawfully and persuasively proven. In order to get to a conclusion regarding the appropriate level of punishment to impose, the judge considers two pieces of evidence in addition to the conviction that is at his disposal. crystal evident that the responsibility of bearing the burden of proof, also known as the obligation of proof, in criminal proceedings is typically assigned to the public prosecutor.
The judge, as opposed to the public prosecutor, has the authority to bring charges against the defendant. Trial, as defined by the provisions of Article 1 paragraph 9, is a series of activities by judges to receive, evaluate, and rule upon criminal cases based on principles that are free, honest, and impartial in court. When it comes to investigating the case, the judge is the one who has the authority to consider the evidence. This indicates that the judge, using the authority vested in him, investigates the evidence that is presented by either the public prosecutor or the legal counsel. Upon consideration of all of this evidence, the judge will ultimately reach a verdict, which will be bolstered by the conviction that results from it. 60 During the evidentiary phase of the trial, the judge is responsible for analyzing the evidence, as well as the evidence that was presented by the prosecutor. The proof and evidence both need to be relevant and legitimate in accordance with the provisions of the legislation, and they also need to fulfil the formal and material standards. So, the first step that the judge takes in determining the evidence that can be utilized in criminal justice is to establish the relevance and validity of the evidence in question. Article 5 of the ITE Law specifies that electronic information, electronic documents, and/or their printouts Available online at http://journal.unnes.ac.id/sju/index.php/jils are all acceptable forms of legal evidence. This regulation pertains specifically to evidence in the form of electronic information and/or documents, which are specifically referred to as "electronic information and/or documents".
The utilization of digital evidence in criminal trials gives rise to concerns about the reliability of the proof and its ability to instill trust in the judge. Particularly in the digital realm of criminal justice in Indonesia, the absence of explicit legislation addressing the intricacies of evidence compounds this issue. The efficacy of the evidentiary process in criminal justice hinges upon establishing coherence between the presented evidence and the specific criminal case under examination. Ultimately, the judge's trust in the evidence is contingent upon its alignment with the case being tried.
In point of fact, the evidence that is offered is frequently obscured due to the fact that it is shown practically. Hence, the quality of apps or supporting facilities for digitally-based criminal justice must be able to support the actual process of justice. 61 In addition, there is a higher likelihood of prejudice when investigating facts through inquiries if the defendants in question are not immediately presented or addressed. As a consequence of this circumstance, the quality of the infrastructure that supports the actual administration of justice is the determining factor in determining the weight of the evidence within the realm of criminal justice that is conducted online.
On the other hand, the implementation of digital-based criminal proceedings also has a tendency to be closed. This is due to the fact that access to electronic criminal proceedings is only given to the Available online at http://journal.unnes.ac.id/sju/index.php/jils guaranteed. To ensure that the trial is easily accessible to the general public, the court should provide a comprehensive list of trial-related information on its website and make available a dedicated court telephone number that members of the public who are interested in following the proceedings can call. In addition, the court is obligated to supply a stenographer, who will take notes, record the proceedings, and transcribe the proceedings based on the trial recordings that will be sent to the parties. The stenographer will also record the

ACKNOWLEDGMENT
Authors would like to express our gratitude to the Faculty of Law, Universitas Slamet Riyadi, Surakarta, Indonesia. Authors would also like to extend thankfulness to the anonymous reviewers for their valuable comment to this paper.