Study of Electronic Judgment Based on Digital Constitutionalism
Journal Title: International Journal of Multidisciplinary Research and Analysis - Year 2022, Vol 5, Issue 09
Abstract
This study aims to see and describe the practice of electronic justice in Indonesia based on the Digital Constitutionalism approach, as a concept that tends to be new, Digital Constitutionalism in its development also accommodates the due process of online in scientific discourse. This research is a normative legal research using a statutory and conceptual approach. Based on the results of the study, it is known that the practice of electronic justice in Indonesia is currently still using procedural law guidelines which are basically conventional procedural law plus the internal regulations of the judiciary. Meanwhile, the development of electronic justice that utilizes technological advances is not enough to use the conventional procedural law base in its implementation because it is annulled yet oriented to the protection of Human Rights as conceptualized in the Digital Constitutionalism discourse, which includes the due process of online. So the regulation of electronic justice in the future must be based on Digital Constitutionalism, which includes knowing the due process of online by prioritizing the protection of human rights in a virtual scope from the provider of electronic judicial technology facilities
Authors and Affiliations
Lusia Indrastuti, Rian Saputra
Keywords
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- EP ID EP709420
- DOI 10.47191/ijmra/v5-i9-16
- Views 78
- Downloads 0
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