Virtual Court Policy For Criminal Justice on Corona Virus Disease Pandemic

The Corona Virus Disease (COVID-19) pandemic that has plagued the world has changed the mindset, how to behave and how to act, not only in social interaction but also has influenced the law enforcement system. Development in Information Technology (IT) has found a teleconference system as a means of conducting virtual courts as a reaction to social or physical distancing movements which is one way to prevent the spread of COVID-19. Although in practice the use of a virtual court in a trial is considered capable of preventing the spread of viruses, the use of a virtual court must keep be based on applicable laws and regulations. This paper is a normative legal research with legislation approach, case approach, comparative legal approach, and conceptual approach to legal material collected through literature study and then analyzed using grammatical, systematic, and extensive interpretation methods. Based on the results of the study, several countries such as the United Kingdom, China, Australia (New South Wales) and America (New York) and Indonesia (although limited to the examination of witnesses) have applied virtual courts in the justice system. Implementation of the trial using the virtual court method by teleconference did not violate the provisions of the trial set out in the Criminal Procedure Code (KUHAP). According to the Draft Law KUHAP has accommodated the trial using the virtual court method as an embodiment of legal principles in the judiciary that is carried out quickly, simply, and at a low cost. The use of virtual court is not the first or primary choice in examining criminal cases in Indonesia, in abnormal emergency conditions due to the COVID-19 pandemic as it is today, an examination by the virtual court method is a solution so that the criminal justice system continues to run without reducing the efforts to prevent the spread of the virus. Trials using virtual court facilities continue to accommodate the human rights of victims, witnesses and defendants through their virtual presence so that a fair trial continues in the courtroom.


INTRODUCTION
The domino effect of the increasingly widespread outbreak of Corona Virus Disease 2019 , which was established as a global pandemic by the World Health Organization (WHO) on March 11, 2020, has changed the way of thinking, how to behave and how to act in social interactions, even has also influenced the law enforcement system. 1 The criminal law enforcement sector was transformed to find the right formulations and vaccines so that the principles of social distancing and physical distancing are expected to break the chain of distribution of COVID-19 to be implemented in criminal proceedings. In an effort to break the chain of distribution of COVID-19, the practice of criminal justice is forced to flex its perspective on procedural law by allowing the presence of judicial instruments whether Judges, Registrars, The aim is nothing else so that the principles of social distancing and physical distancing can be implemented.
The actions of law enforcers who responded to the COVID-19 pandemic seemed to prove that the "fiat justitia ruat caelum" adage was still imprinted on every law enforcement officer who could potentially be infected with COVID-19 at any time. Teleconference criminal proceedings are one of the means to synergize criminal law enforcement efforts with the prevention of COVID-19. However, in implementation, there are various problems both from juridical, 3 and technical aspects.
Regarding virtual court, 4 criminal procedural law has not clearly and firmly established the situation. 5 New legislation accommodates the examination of witnesses by not being present 1 Fajriana, N. (2018). Teleconference Dalam Pemeriksaan Perkara Pidana Di Pengadilan. Badamai Law Journal, 3(1), 60-79. p.66 2 https://jatim.sindonews.com/read/28561/1/1509-perkara-disidangkan-online-didik-farkhan-rekor-dunia-1585731847, (Accessed on March 31, 2020). 3 Thalib, H., Rahman, S., Mamulai, M., & Djanggih, H. (2016). Verification Through the Electronic Media (Teleconference) on the Court in Criminal Judicial System. Jurnal Studi Islam dan Muamalah, 4(1), 92-109. 4 Ticknor, B., & Tillinghast, S. (2011). Virtual reality and the criminal justice system: new possibilities for research, training, and rehabilitation. Journal For Virtual Worlds Research, 4(2). p.32 5 Faisal, F. (2019). Eksistensi Pengadilan Hak Asasi Manusia Terhadap Penegakan Hak Asasi Manusia Dalam Sistem Peradilan. Gorontalo Law Review, 2(1), 33-48. p, 35 directly in court but is examined using audio-visual facilities such as video conferencing or teleconferences that are regulated in several jurisprudence and several laws, namely terrorism law, witness protection law and victims, the law on the eradication of trafficking in persons and the law on the juvenile justice system. This can lead to legal problems in the form of a leemten in het recht if it is not addressed by finding solutions wisely. 6 In addition to the law as mentioned above is only limited to cases of terrorism, trafficking in persons and the juvenile criminal justice system, and is only allowed against witnesses who are under the protection of witness and victim protection institutions. Law of the Republic of Indonesia This paper is the result of preliminary observations of the author as a legal practitioner on the emergence of a virtual court as an emergency effort in the condition of the widespread of COVID-19 in Indonesia so that this paper focuses on the practice of using virtual courts in the judicial system in several countries and policies on the use of virtual courts in criminal justice in the middle of the COVID-19 pandemic.

METHOD
This paper is normative legal research with legislation approach, case approach, comparative legal approach, and conceptual approach to legal material collected through literature study and then analyzed using grammatical, systematic, and extensive interpretation methods. The writing of this scientific paper uses a lot of secondary legal material due to the limitations of conducting empirical legal research as a counterpart to the constructed thesis, the impact of social distancing, but the study must continue to be used as a reference for improvement in law enforcement behavior.

A. Various forms of virtual courts in several countries
Virtual Courts is a concept aimed at eliminating the presence of litigants or lawyers in the court and adjudication of the case online. 7 In reality there are several countries that have applied this online trial system. By utilizing the development of Information

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Technology that is able to fulfill and facilitate public access to the need for justice effectively so it is not limited to physical presence in the courtroom. The following countries have used the virtual court:

1) United Kingdom
Virtual court itself was first used in May 2009 in the UK. Virtual court is used between North Kent Police Station and Chester Court. At that time, a suspect who was arrested by the police could immediately hear the allegations from the police station without having to go to court through video conferencing facilities with the judge in court. This virtual trial is very useful in terms of time efficiency because it will save hundreds of hours wasted traveling the distance between the police station and the court which can be used by the police to better protect and serve the public rather than just taking the suspect to court. This virtual court initiation forms a close digital partnership between law enforcement with the aim of streamlining the criminal justice system.
Since 2012, the entire Criminal Justice System in North Kent is required to apply a digital system using a secure electronic network to transfer all case handling files between the Police, the Prosecutors' Office and the Court to then convene virtually. 8 Furthermore, the first virtual court case involving intercountry trials through teleconference took place in 2018 where the plaintiff was at his home in London, England, using a laptop camera, the Judge was in the London, England Court and the lawyer submitted evidence from Belfast, Ireland North. Even though this is not a criminal case, the method or method works the same. The program launched by the Ministry of Justice or the Ministry of Justice is expected to be able to expand trial hearings that are operated remotely from tax disputes, civil law to criminal law. 9

2) China
Virtual courts are also held in China in the form of The Internet Courts. There are 3 (three) internet courts in Hangzhou, Beijing and Guangzhou which were established in 2017-2018. This is the first court in China. The entire litigation process can be done online. This includes filing and document services, pre-trial mediation, collection and presentation of evidence, safeguarding assets, trials, sentencing, legal remedies and other processes. Each part of the process can be carried out offline at the request of the parties involved or the needs of the trial.
Does not stop there, the mobile court application can be downloaded on the WeChat application which is a social media application in China. Face recognition technology is used to authenticate the judiciary involved in the trial. They can submit cases directly and communicate directly with judges by sending text and audio messages and submitting evidence on the application. Judicial devices can enter the application at the same time to conduct a trial, electronic signing and the judge can give a decision through the mobile court application. 10

3) New South Wales
The New South Wales district court in Australia has issued a Virtual Court Practitioners User Guide or Virtual Court Protocol for Legal Practitioners. In the protocol, explained the definition of Virtual Courtroom: "A Virtual Courtroom brings the physical courtroom to a virtual space. It is a digital method for court cases to be progressed without the need for participants to attend in person. Parties to proceedings can access the Virtual Courtroom using video conferencing applications. Virtual courtrooms are still formal courtrooms. All usual court etiquette, protocols, procedures and restrictions apply." 11

4) New York State Courts (America)
On March 25, 2020, criminal courts in New York, America, Suffolk County, Seventh and Fifth Judicial Districts, switched to virtual court operations due to the COVID-19 pandemic. They held the trial through video conferencing facilities. Furthermore, all parties will participate in conducting the trial through the means of video conferencing using Skype for Business, seen in facing extraordinary situations requires extraordinary efforts as well. All trials will be held virtually, with Judges, Public Prosecutors, Lawyers and Defendants in different locations. The trial will be held open to the public. Courts will monitor and can limit access to the courtroom to maintain social distance according to the guidelines of the public health authority. 12 The trial will be held open to the public. Courts will monitor and can limit access to the courtroom to maintain social distance according to the guidelines of the public health authority. 13 The purpose of this virtual court is to minimize the spread of viruses in New York City and the courts in particular. According to Vito C. Caruso

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us to serve the pressing needs of New Yorkers across the State while protecting the health and safety of our judges and staff, court users and the public." 14 Of the several practices of the use of virtual courts in some of these countries, essentially the same thing is that trials are conducted remotely using video conferencing facilities that present a variety of courtroom tools virtually. In contrast to Indonesia, the criminal justice system in the UK or China, Australia (New South Wales) especially America (New York) which uses court decisions as the main legal source can accommodate virtual courts with more flexibility in the conduct of trials. This difference in the criminal justice system will be an obstacle and limitation in the application of virtual courts based on the Indonesian Criminal Procedure Code. However, behind these differences, there are similarities that must be sharpened, namely the purpose of using virtual courts in some of these countries is to support enforcement in seeking material truth for a criminal act during the COVID-19 pandemic. 15 Placing a virtual court as a winning solution in resolving criminal cases that still applies the principles of "social distancing" or "physical distancing" as a means of breaking the chain of virus spread.

B. The History of Virtual Courts in Indonesia
Apart from the existence of the concept of e-court civil cases that have been launched Habibie was considered by the Judges as very necessary to obtain material truth but because there were problems with the presence of witnesses who were in Hamburg, Germany because they had to accompany their wives who were seeking treatment, the solution was to use teleconference in providing information ". Based

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where such information is very necessary to obtain material truth, so that its In this case, the party who requested that the seven witnesses provide information through a teleconference was the Public Prosecutor. The reason is because these witnesses could not be presented to the trial because they were being detained by the Malaysian Government and the Singapore Government so it was not possible to be brought to trial. The location of the testimony of the seven witnesses by teleconference was in the territory of the State of Malaysia and the State of Singapore. So, when the information is submitted via teleconference, its location is b) Criminal Procedure Code is made to find material truth that requires that formal legal aspects should be left selectively. A teleconference is only a suggestion to find the material truth. In a teleconference hearing, witnesses can also be present in the courtroom virtually, so that it is no different from | 85 witnesses who are physically present in the courtroom. All parties may also test witness statements and their statements can be heard by everyone; c) The Criminal Procedure Code has indeed regulated the absence of witnesses at court due to legal impediments or due to other reasons relating to the state.
The testimony of witnesses who were sworn in the investigation but due to a legal obstacle could not be present at the hearing, and then the statement was read out then the same value as testimony under oath following Article 162 paragraph (1) and paragraph (2)

5) Examination of the Jakarta International School Case
The From some virtual court practices in criminal proceedings that use video teleconference during the witness examination, at least provide the following description: (1) The criminal court in Indonesia has practiced witnesses examination using video teleconference facilities; (2) The examination of witnesses using video teleconference means is applied if the witness is abroad, as well as for the security of the witness so that the witness is free to provide information; 21  https://www.medcom.id/nasional/metro/wkBz9Yqk-sidang-kasus-di-jis-korban-beri-keterangan-viateleconference (Accessed, March, 31, 2020).

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(3) When examining witnesses using video teleconferencing facilities, the Panel of Judges asks witnesses about who is around the witnesses to ensure that witnesses provide information freely; (4) Examination of children as witnesses is more free to use video teleconference facilities; (5) Examination of witnesses outside Indonesian jurisdiction must be examined at the Indonesian Embassy as a manifestation and expansion of the territory of the Indonesian state, so that if criminal acts occur, Indonesian criminal law can be applied; (6) Law enforcers do not have the same perspective on giving testimony through a teleconference in a criminal case trial, namely if the prosecutor uses the video teleconference facility as a Public Prosecutor, the Defendant's Legal Counsel refuses it and vice versa.
Although the practice of using virtual court by means of video teleconference in Indonesia is still limited to witness examinations, it is a precedent that sets up jurisprudence as a source of law to propose the concept of a virtual court in criminal trials in Indonesia.

C. Virtual Court in the Perspective of Indonesian Criminal Procedure Code
The Criminal Procedure Code is a manifestation of the Criminal Justice System in Indonesia which contains provisions on the procedure of a criminal proceeding along with all the rights and obligations of those who are in a criminal process, in which case regarding the procedure and location of a court session are firmly regulated in Article 230 of the Criminal Procedure Code, 25 and this provision implies that a court hearing takes place in a court building in a courtroom with the location of the judiciary, be it Judges, Registrars, Prosecutors, Witnesses, Experts, Defendants and Legal Counsels, which have been firmly and clearly determined. However, there are exceptions to being able to hold a court hearing outside the 25 Article 230 Paragraph (1) of the Criminal Procedure Code states "A court hearing takes place in a court building in a courtroom". Furthermore, Article 230 paragraph (2) of the Criminal Procedure Code states "In a courtroom, judges, public prosecutors, legal counsel and clerks wear court clothes and their respective attributes". In Article 230 paragraph (3) of the Criminal Procedure Code states "The courtroom referred to in paragraph (1) is arranged according to the following conditions: a. The table and seat of the judge are higher than the place of the public prosecutor, defendant, legal advisor and visitors. b. The place of the court clerk is behind the right side of the presiding judge's court. c. The public prosecutor's place is located on the right front of the judge's place. d. The place of the defendant and legal counsel is located on the left side in front of the place of the judge and the place of the defendant to the right of the place of legal counsel. e. The examination seat for the defendant and the witness is located in front of the judge's place. f. The witness or expert place that has been heard is located behind the examination chair. g. The visitor's place is located behind the witness location that has been heard. h. The National Flag is placed to the right of the judges' table and the Penamanoman banner is placed to the left of the judges' table while the state symbol is placed on the upper wall behind the judges' table. i. The cleric's place is to the left of the clerk's place. j. The places referred to in letters a through letter i shall be given identification. k. Place a security officer on the inside of the main entrance to the courtroom and elsewhere as deemed necessary. Furthermore, Article 230 paragraph (4) of the Criminal Procedure Code states "If a court session is held outside a court building, the layout of the place as far as possible is adjusted to the provisions of paragraph (3)  Even though it is not on a large scale like a virtual court, the use of video conferencing / teleconferences in witnessing from outside the court has the same essence as the implementation of a virtual court that involves all judicial instruments be it Judges, Registrars, 26 Billis, E. (2016

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Prosecutors, Witnesses, Experts, Defendants and Legal Counsels , because with the progress of Information Technology as if it has cut space and time. Today, Information Technology greatly facilitates interaction between humans so that physical presence can be replaced by virtual presence even if not absolutely. 29,30 Examination, direct, and complete, specifically, Judges, Prosecutors, or Legal Determination can help, aim and detail the evidence, the goods provided in court. Sometimes until the gesture, the experts were accused. However, discussing we see more of the essence of this direct or physical trial and speak with the emergency conditions as it is today, actually what is needed is the juridical substance of the judicial tools be it Judges, Registrars, Prosecutors, Witnesses, Experts, Defendants and the Legal Counselor itself continue to accommodate the court's right of victims, representatives and defendants to create fair trials or fair trials, and not involve them physically in the courtroom. Virtual Courts through video conferencing / teleconference use media that can bridge a person to be in the courtroom and philosophical means that can not be used at all to improve the purpose of any legal procedure meant by finding suitable material or at least requires material questions.
The author argues that in general physical presence is no longer an absolute matter where the juridical substance tested in court can already be accommodated through virtual presence itself. This is in line with the view of Arnold M. Rose who put forward a general theory of social change in relation to changes in law based on 3 (three) factors, namely: first, the existence of progressive communication from discoveries in the field of technology; second, there is contact or conflict between people's lives; and third, the existence of social movements.
This reasoning is based on the stipulation of health emergency status based on the Law of the Republic of Indonesia Number 6 of 2018 concerning Health Quarantine and the issuance of Government Regulation of the Republic of Indonesia Number 21 of 2020 concerning Large-Scale Social Restrictions (PSBB) by the President of the Republic of Indonesia to address the COVID-19 pandemic which the more widespread, the state has firmly set a goal, namely to limit the space for people through social distancing and physical distancing. Thus, it would be impossible for all judicial instruments whether Judges, Registrars, Prosecutors, Witnesses, Experts, Defendants and Legal Counsels to be able to be physically present and gather in the same courtroom. For this reason, the law must be able to move to protect the country's goals by responding and adapting quickly to social changes that occur in society as per the views of Subekti which states that legal objectives must serve the objectives of the state. 31 It is also necessary to understand that the development of law and the development of human civilization are like 2 (two) sides of a coin which cannot be separated and it is a 29  necessity where legal changes occur because of changing times, locality, and social situation, which on this occasion is a pandemic COVID-19 which is plaguing the world.
After all, the criminal procedure code is not a sacred word of God and cannot be changed. However, he is not an opinion that can be distorted, even just ignored. The procedural law must be placed precisely in its proper place as a device that must be upheld for the maintenance of material law. Because he is devoted to material law, then if there are aspects of changing the law that requires changes to it, then these changes must also be oriented to the establishment of material law, and of course, it must be done with methods that can be accounted.
As the closing paragraphs of this article, it is hoped that there will be no legal problems in the future which question the legitimacy of the virtual court and because the formation of a Law or Government Regulation in lieu of a Law (PERPU) will require a relatively long period, the judicial institution has made a Cooperation Agreement between Republic of Indonesia Supreme This technical matter must then be immediately regulated through Government Regulations in lieu of laws or Supreme Court Regulations as part of legislation that perfectly legalizes the conduct of trials using virtual court facilities.

CONCLUSION
The reality is that countries such as the United Kingdom, China, New South Wales and America and Indonesia have applied virtual courts in their justice systems even in different forms, but substantively continue to use teleconferences in the implementation of law enforcement to meet and facilitate public access to the need for justice in a manner effective wherever they are so that it is not limited to the mere physical presence in the courtroom. The use of virtual courts in several countries supports enforcement in seeking material truth for a criminal act during the COVID-19 pandemic. The process of law enforcement must continue even in the case of abnormal emergencies due to the COVID-19 pandemic, an examination through the virtual court method can certainly be a solution, so that the behaviour of everyone remains in accordance with the law, even though the way of thinking and acting drastically changes. Implementation of the trial using the virtual court method or through teleconference