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Kurniawan, W., Al Fatih, S., & Dwi Cahyani, T. (2022). Online Court Problems During the Covid-19 Pandemic and Its Impact on Advocates in Providing Legal Assistance to Clients. KnE Social Sciences, 7(15), 686–696. https://doi.org/10.18502/kss.v7i15.12143

https://doi.org/10.18502/kss.v7i15.12143

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authors

  • Wahyudi Kurniawan

    Wahyudi Kurniawan

    Faculty of Law, University of Muhammadiyah Malang, Indonesia
  • Sholahuddin Al Fatih

    Sholahuddin Al Fatih

    Faculty of Law, University of Muhammadiyah Malang, Indonesia
  • Tinuk Dwi Cahyani

    Tinuk Dwi Cahyani

    Faculty of Law, University of Muhammadiyah Malang, Indonesia

Published Date

  • Oct 4, 2022

Online Court Problems During the Covid-19 Pandemic and Its Impact on Advocates in Providing Legal Assistance to Clients

KnE Social Sciences / 3rd International Conference on Law Reform (3rd INCLAR) / Pages 686–696

Abstract

The World Health Organization (WHO), declared the outbreak of the spread of Covid-19 as the first and foremost health crisis pandemic in the world. Due to the pandemic, human life has changed including legal services provided by advocates where there are rules regarding online trials during the Covid-19 pandemic. This study uses empirical juridical research methods or field research, namely examining applicable legal provisions and what is happening in reality in society. The problems in this study are: 1. What are the advantages of online trials during the pandemic according to advocates in providing legal assistance to clients? 2. What are the shortcomings of online trials during the pandemic according to advocates in providing legal assistance to the clients? The results show that the advantages of online trials according to advocates include: 1. More practical and easier for the trial because it does not have to be present in court. 2. It is more efficient because case information is in one account. 3. More cost-effective while the disadvantages of online trials according to advocates include: 1. Signal interference and technological devices. 2. Lack of effective law enforcement. 3. Violating the provisions of procedural law in proving. So far, the law has always been far behind in the development of community needs, so progressive law is more open and responsive to changes and is not bound by written law. In this case, the law must be placed in the whole of humanity. Thus, the role of judges is more to ensure the fulfillment of community needs for justice and welfare. This means that the existence of the law should reflect the standard of what is good and bad, fair and unfair.


Keywords: online courts, advocates, pandemic Covid-19

References
[1] Putry Prikustini V, Dwi Safitri N, Magdalena I. EXPLORATIVE STUDY OF THE IMPACT OF DISTANCE LEARNING IN THE COVID-19 PANDEMIC ON ELEMENTARY SCHOOL. Prog. Pendidik. 2021 Sep;2(3):143–50.

[2] Marumure J, Makuvara Z, Alufasi R, Chapungu L, Gufe C. Effectiveness of hand sanitizers in the prevention of COVID-19 and related public health concerns. RE:view. 2022 Dec;9(1):2060904.

[3] Singhal T. A Review of Coronavirus Disease-2019 (COVID-19). Indian J Pediatr. 2020 Apr;87(4):281–6.

[4] Setiyadi I, Kusriyah SK. Law Enforcement Process Analysis By Agencies Of Provos Indonesian National Police (Inp) On Discipline Violation In The Form Of Crime By Police Members (Case Study In National Police Headquarter). J. Daulat Huk. 2019;2(2):203–8.

[5] Kharlie AT, et al. E-Court and E-Litigation: The New Face of Civil Court Practices in Indonesia | International Journal of Advanced Science and Technology. Int. J. Adv. Sci. Technol. 2020;29(2).

[6] M. LEGG and A. SONG. “THE COURTS, THE REMOTE HEARING AND THE PANDEMIC: FROM ACTION TTO REFLECTION, ” http://classic.austlii.edu.au/, 2020.

[Online]. Available: http://classic.austlii.edu.au/au/journals/UNSWLawJl/2021/6.html.

[Accessed: 07-Aug-2022].

[7] Cahyadi F, Utami HR. LEGALITAS PEMERIKSAAN SIDANG PERKARA PIDANA MELALUI MEDIA TELECONFERENCE DI MASA PANDEMI COVID-19. Verit. Justitia. 2021 Dec;7(2):481–505.

[8] Setiawan AD, Artaji; Sherly Ayuna Putri. Artaji, and S. A. Putri, “IMPLEMENTASI SISTEM E-COURT DALAM PENEGAKAN HUKUM DI PENGADILAN NEGERI,”. J. Poros Huk. Padjadjaran. 2021 May;2(2):198–217.

[9] Sunandar H, Ramdhan DH. “Preventing and Controlling COVID-19: A Practical- Based Review in Offshore Workplace,” Kesmas J. Kesehat. Masy. Nas. (National Public Heal. Journal), vol. 0, no. 0, pp. 97–101, Jul. 2021. https://doi.org/10.21109/kesmas.v0i0.5226.

[10] depri liber sonata, “METODE PENELITIAN HUKUM NORMATIF DAN EMPIRIS: KARAKTERISTIK KHAS DARI METODE MENELITI HUKUM,” Fiat Justisia J. Ilmu Huk., vol. 8, no. 1, Nov. 2014.

[11] Efendi J, Ibrahim J. Metode Penelitian Hukum: Normatif dan Empiris. 2nd ed. Depok: Prenadamedia Group; 2018.

[12] McManaman LJ. Social Engineering: The Legal Philosophy of Roscoe Pound. St Johns Law Rev. 1958;33(1).

[13] Pujinoto S, Mashdurohatun A, Sulchan A. Juridical Analysis Of Application Of Forgiveness (Rechterlijk Pardon) As A Basis Of Judge Consideration In Deciding The Criminal. J. Daulat Huk. 2020 Jun;3(2):307–12.