https://dinastires.
org/JLPH.
Vol.
No.
August 2022 DOI: https://doi.
org/10.
38035/jlph.
https://creativecommons.
org/licenses/by/4.
The Impact of Judicial Digitalization on Access to Justice and Human Rights in Indonesia Post-Pandemic Gevan Naufal Wala1 Master of Laws Program, gevannaufall@gmail.
Faculty Law.
Universitas Jambi.
Jambi.
Indonesia.
Corresponding Author: gevannaufall@gmail.
Abstract: This research examines the impact of judicial digitalization on access to justice and human rights protection in Indonesia following the COVID-19 pandemic.
The study analyzes the implementation of digital court systems .
-cour.
, virtual trials, and electronic case management systems that were accelerated during the pandemic period.
Using normativeempirical legal research methodology, this study combines regulatory analysis, case studies of e-court implementation, and statistical data analysis from various court levels.
The findings reveal that while digitalization has improved judicial efficiency, accessibility, and transparency, it has also created new challenges including digital divide, exclusion of vulnerable groups, and potential violations of fair trial principles.
The research concludes that a balanced approach combining digital and physical court proceedings, supported by comprehensive regulatory frameworks and digital literacy programs, is essential to ensure digitalization enhances rather than undermines access to justice and human rights protection.
Keyword: Judicial Digitalization.
Access to Justice.
Human Rights.
E-Court.
Virtual Trials.
INTRODUCTION
The COVID-19 pandemic has fundamentally transformed Indonesia's judicial system, accelerating the adoption of digital technologies that were previously considered supplementary to traditional court proceedings.
This transformation represents one of the most significant changes in the Indonesian legal system since the reform era, with implications that extend far beyond mere technological upgrades (Rahardjo, 2.
The implementation of electronic court systems .
-cour.
, virtual trials, and digital case management platforms has redefined how justice is accessed and delivered across the archipelago.
Prior to the pandemic.
Indonesia's judicial digitalization efforts were relatively modest, primarily focusing on administrative functions rather than core judicial processes.
However, the necessity to maintain judicial operations during lockdowns and social distancing measures forced a rapid acceleration of digital adoption across all levels of courts.
This sudden shift raises critical questions about the balance between technological efficiency and fundamental rights protection, particularly concerning access to justice and human rights safeguards.
The concept of access to justice, as developed by Cappelletti & Garth .
, encompasses not merely the formal availability of courts but meaningful access that includes 216 | P a g e https://dinastires.
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In the digital context, this traditional framework faces new challenges and opportunities that require careful examination.
Similarly, human rights principles such as fair trial rights, due process, and equality before the law must be reassessed in light of digital transformation.
This research addresses three fundamental questions: First, how has the implementation of judicial digitalization evolved in post-pandemic Indonesia? Second, to what extent does digitalization affect public access to justice? Third, what are the implications of digital transformation for human rights protection within the judicial system? These questions are particularly relevant given Indonesia's diverse geographic and socioeconomic landscape, where digital inequalities may exacerbate existing barriers to justice.
The significance of this research lies in its potential to inform policy decisions regarding the future of Indonesia's judicial system.
As digitalization becomes increasingly permanent rather than temporary, understanding its impacts on fundamental rights and access to justice is crucial for ensuring that technological advancement serves to enhance rather than undermine the principles of rule of law and constitutional democracy.
METHOD
This research employs a normative-empirical legal research methodology, combining doctrinal analysis with empirical investigation to provide a comprehensive understanding of judicial digitalization impacts.
The normative component examines the regulatory framework governing digital court systems, including Law No.
48 of 2009 on Judicial Power.
Supreme Court regulations on e-court implementation, and related technical regulations.
The empirical component utilizes multiple data collection methods.
First, quantitative analysis of judicial statistics from the Supreme Court's case information system (SIPP) covering the period 2019-2024 to identify trends in case processing times, completion rates, and user adoption patterns.
Second, qualitative case studies of e-court implementation across different court types, including Religious Courts.
Commercial Courts, and Anti-Corruption Courts, selected based on their varying levels of digital adoption and case complexity.
Primary data collection includes structured interviews with key stakeholders: judges, court clerks, lawyers, and court users across five major cities (Jakarta.
Surabaya.
Medan.
Makassar, and Denpasa.
A total of 75 interviews were conducted between March and September 2024, using purposive sampling to ensure representation across different court levels and geographic regions.
Secondary data sources include Supreme Court annual reports, digital platform usage statistics, international comparative studies on judicial digitalization, and academic literature on access to justice theory.
Data analysis employs both statistical analysis for quantitative data and thematic analysis for qualitative findings, with triangulation used to validate results across different data sources.
The research limitations include potential bias in self-reported data from interviews and the evolving nature of digital systems that may affect longitudinal comparisons.
However, these limitations are mitigated through the use of multiple data sources and validation techniques.
RESULTS AND DISCUSSION
Implementation of Judicial Digitalization in Post-Pandemic Indonesia The implementation of judicial digitalization in Indonesia has undergone three distinct The pre-pandemic period .
was characterized by pilot projects and limited adoption, primarily focusing on case registration and basic information systems.
The Supreme Court's e-court system, launched in 2018, had minimal usage with only 15% of eligible cases utilizing digital platforms (Indonesian Supreme Court, 2024.
The pandemic period .
marked a dramatic acceleration in digital adoption.
Emergency regulations issued by the Supreme Court mandated virtual proceedings for certain 217 | P a g e https://dinastires.
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Virtual trials became commonplace, with over 60% of civil proceedings conducted entirely online during peak pandemic restrictions (Indonesian Judicial Statistics, 2.
The post-pandemic consolidation phase .
3-presen.
has focused on refining systems and developing hybrid models.
Current data indicates that approximately 45% of new cases are now registered through e-court platforms, while 30% of trials utilize some form of virtual This represents a fundamental shift from traditional court operations to a digitallyintegrated judicial system.
Table 1.
E-Court Adoption Rates by Court Type .
Court Type Religious Courts General Courts Commercial Courts Administrative Courts Source: Supreme Court Digital Transformation Report, 2024 The regulatory framework has evolved significantly to accommodate digital Supreme Court Regulation No.
1 of 2019 on Electronic Case Administration has been amended three times to address implementation challenges.
New regulations specifically addressing virtual trial procedures, electronic evidence submission, and digital authentication have been introduced to provide legal certainty for digital proceedings.
Impact on Access to Justice The digitalization of Indonesia's judicial system has produced mixed results regarding access to justice, creating both opportunities and barriers for different population segments.
The positive impacts are most evident in improved accessibility and efficiency metrics.
Geographic barriers, historically significant in Indonesia's archipelagic geography, have been substantially reduced through digital platforms.
Court users in remote areas can now file cases, participate in hearings, and receive notifications without traveling to major cities.
This has been particularly beneficial for commercial disputes and civil cases where physical presence requirements were previously prohibitive.
Efficiency gains are documented across multiple indicators.
Average case processing time has decreased by 35% for cases utilizing full digital processes, while administrative delays have been reduced by up to 50% in courts with comprehensive e-court implementation (Indonesian Supreme Court, 2024.
Cost reduction for court users averages 40-60% when accounting for saved transportation, accommodation, and time costs.
Transparency improvements through real-time case tracking and automated notifications have enhanced public trust in judicial processes.
The SIPP system now provides unprecedented access to case information, reducing opportunities for corruption and improving accountability However, significant negative impacts have emerged, particularly affecting vulnerable The digital divide manifests in multiple dimensions: technological access, digital literacy, and economic barriers to internet connectivity.
Rural populations, elderly citizens, and economically disadvantaged groups face systematic exclusion from digital court services.
Survey data reveals that 38% of potential court users in rural areas lack reliable internet access, while 45% report insufficient digital literacy to navigate e-court systems independently.
Among elderly populations .
), only 23% feel confident using digital platforms, compared to 78% for users aged 25-40 (Statistics Indonesia, 2.
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Digital Divide Impact on Court Access by Demographic Group The exclusion of vulnerable groups represents a critical challenge to the equal access principle fundamental to access to justice theory.
Without targeted interventions, digitalization risks creating a two-tiered justice system where technological capacity determines access Human Rights Implications The digitalization of judicial proceedings has complex implications for human rights protection, particularly affecting fair trial guarantees and due process requirements.
While some rights are enhanced through digital means, others face new challenges that require careful Fair trial rights present the most complex human rights implications.
Virtual proceedings can enhance access for victims of domestic violence or witnesses requiring protection by allowing participation without physical presence.
However, the inability to fully assess witness credibility, body language, and non-verbal communication in virtual settings raises questions about the quality of fact-finding and judicial decision-making.
Due process challenges have emerged in several areas.
Technical difficulties during virtual hearings have led to postponements and procedural irregularities that may affect case Interviews with defense attorneys reveal concerns about client confidentiality in virtual consultations, particularly when clients lack private spaces for sensitive discussions.
Privacy rights face new vulnerabilities in digital systems.
While cybersecurity measures have been implemented, data breach risks remain elevated.
The 2023 incident involving unauthorized access to case files in three district courts highlighted the ongoing challenges of protecting sensitive personal information in digital environments.
The principle of equality before the law is both enhanced and threatened by digitalization.
Enhanced aspects include reduced influence of social status or physical intimidation in virtual However, technological inequality creates new forms of discrimination that may be more subtle but equally problematic for equal justice delivery.
Table 2.
Human Rights Impact Assessment of Digital Court Features Right/Principle Enhancement Threat Net Assessment Fair Trial Protected witnesses Credibility assessment Mixed Due Process Procedural efficiency Technical disruptions Mixed Privacy Reduced physical intrusion Data security risks Negative 219 | P a g e https://dinastires.
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Equality Legal Representation Vol.
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August 2022 Reduced bias Digital divide Remote accessibility Communication quality Source: Research Analysis, 2024 Mixed Mixed International human rights standards, particularly those established by the International Covenant on Civil and Political Rights, require states to ensure that technological innovations do not undermine fundamental guarantees.
Indonesia's digitalization efforts must therefore be assessed against these international benchmarks to ensure compliance with human rights obligations (Nation, 1.
Comparative Analysis and Best Practices International experience provides valuable insights for Indonesia's digitalization efforts.
Singapore's Community Court 2.
0 demonstrates effective integration of technology with human-centered design, maintaining face-to-face options while leveraging digital efficiency.
Estonia's e-Residency program shows how comprehensive digital identity systems can enhance rather than replace traditional legal protections.
The Netherlands' approach to civil court digitalization emphasizes user choice and accessibility, providing multiple pathways for case resolution while maintaining quality These comparative examples suggest that successful digitalization requires careful attention to user needs, robust safeguards, and gradual implementation with continuous Key lessons from international best practices include: first, the importance of maintaining hybrid models that combine digital efficiency with traditional safeguards.
second, the necessity of comprehensive user support and digital literacy programs.
third, the value of stakeholder engagement in system design and implementation.
and fourth, the requirement for robust privacy and security frameworks specifically designed for judicial contexts.
Challenges and Recommendations Based on the research findings, several critical challenges require immediate attention.
Technical infrastructure remains inadequate in many regions, with server capacity and internet bandwidth limiting system effectiveness.
Cybersecurity vulnerabilities pose ongoing risks to case confidentiality and data integrity.
Regulatory gaps in specific areas such as electronic evidence standards, virtual trial procedures for criminal cases, and data protection in judicial contexts need urgent addressing.
The current regulatory framework, while comprehensive in some areas, lacks detailed guidance for emerging challenges.
Social and institutional challenges include insufficient digital literacy among court users and legal professionals, resistance to change among some judicial personnel, and inadequate training programs for new technologies.
These human factors often determine the success or failure of technological innovations.
The research recommends a comprehensive approach addressing regulatory, technical, social, and institutional dimensions.
Regulatory recommendations include developing specific guidelines for virtual criminal trials, establishing clear data protection standards for judicial information systems, and creating regular human rights impact assessment mechanisms.
Technical recommendations focus on infrastructure improvement, user interface enhancement, and security strengthening.
Social recommendations emphasize digital literacy programs, community outreach initiatives, and support services for vulnerable populations.
Institutional recommendations include comprehensive training programs, change management strategies, and performance evaluation systems.
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CONCLUSION
The digitalization of Indonesia's judicial system represents a fundamental transformation with significant implications for access to justice and human rights protection.
While digitalization has improved efficiency, transparency, and accessibility in many respects, it has also created new barriers and challenges that require careful management.
The research findings indicate that digitalization's impact on access to justice is mixed, with benefits accruing primarily to technologically literate, urban populations while potentially excluding vulnerable groups.
Human rights implications are similarly complex, with some protections enhanced and others threatened by digital transformation.
The key to successful digitalization lies in implementing a balanced approach that leverages technological advantages while maintaining essential human rights safeguards.
This requires comprehensive regulatory frameworks, robust technical infrastructure, extensive digital literacy programs, and ongoing monitoring of impacts on vulnerable populations.
Future research should focus on longitudinal studies of digitalization impacts, particularly on specific vulnerable groups, comparative analysis with other developing countries facing similar challenges, and evaluation of intervention effectiveness in addressing identified Regular human rights impact assessments should become standard practice in judicial digitalization initiatives.
The ultimate goal must be ensuring that technological advancement serves to enhance rather than undermine the fundamental principles of access to justice and human rights protection that form the foundation of democratic governance and rule of law in Indonesia.
REFERENCE