Ammendments to Judicial Hearing Procedures Relating to Covid-19 Pandemic

The Covid-19 (Corona Virus) infections in Indonesia impacts on the effectiveness and efficiency of the whole community in carrying out its activities. The high infection rate of Covid-19 (Corona Virus) resulted in the implementation of physical distancing and work from home policies for the entire community and businesses. The Supreme Court issued Circular Letter No. 6 of 2020 on Working System to formally apply to the Supreme Court and other Courts concerning the Implementation of New Normal (“Circular Letter 6/2020”).

Circular Letter 6/2020 provides that to prevent the spread of Covid-19 (Corona Virus) and to ensure that judicial services can be carried out, it is announced that Parties in civil courts, civil religious, and civil administrative Courts must implement e-litigation. In relation to criminal cases the Circular Letter 6/2020 asks Parties to refer to the prevailing laws and agreement Number 402/DJU/HM.01.1/4/2020; KEP-17/E/Ejp/04/2020; PAS-08.HH.05.05 of 2020 between the Attorney General of the Republic of Indonesia and the Ministry of Law and Human

Rights of the Republic of Indonesia concerning the implementation of trial by teleconference (“Agreement 13 April 2020”) The Agreement provides that until the official announcement by the Government to revoke the emergency conditions of the Covid-19 outbreak, all criminal trials will be carried out via teleconference.

Trial proceedings via teleconference is a positive step to pursue the principle of justice in a quick, simple and affordable. However, as stated by one of the members of the Ombudsman of the Republic of Indonesia that proceedings through teleconference might potentially cause maladministration due to the existence of a court that does not yet have experts and electronic devices that can facilitate the trial procedure through teleconference. Therefore, with the implementation of the new normalization transition, it will be seen whether the government will provide adjustments and/or issued a policy on the procedures for implementation as well as the infrastructure needed to properly conduct the trial procedures. YAN/MAD/HES

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Ammendments to Judicial Hearing Procedures Relating to Covid-19 Pandemic

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