E-Court: The Future of Commercial Dispute and the Quality of Judicial Processes in Indonesia

E-Court: The Future of Commercial Dispute and the Quality of Judicial Processes in Indonesia

Yordan Gunawan (Universitas Muhammadiyah Yogyakarta, Indonesia) and Rizaldy Anggriawan (Asia University, Taiwan)
DOI: 10.4018/978-1-7998-6477-6.ch001
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Abstract

Facing the advanced Industry 4.0, where everything is closely tied to technology and is characterized by digitalization, the Supreme Court of Indonesia has introduced the implementation of e-justice by developing an electronic justice system (e-court) in 2018. The study aims to highlight the current practice of e-court in Indonesia. It also examines the existing implementation and legal provisions regulating the electronic-based court proceedings. The research method used is normative legal research. It analyzes the positive law, principles, doctrines of law, legal discovery in particular cases, legal systematics, legal comparison, and legal history. The study revealed that e-court has provided easier access to the public in order to make the court more accessible, effective, and efficient. Nevertheless, several improvements in particular sectors such as access to justice, case delays, human resource readiness, public internet facility, evidence management, and hearing session procedures need to be highlighted and updated by the court.
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Introduction

Today's technological era is improving rapidly in such a way that it almost dominates the entire aspects of human life. At present, the world is facing the advanced industry 4.0, where everything is closely tied to technology. Industry 4.0 is characterized by digitalization, which is the use of technology across all lines. There are 5 key elements in industry 4.0, including Artificial Intelligence (AI), Internet of Things (IoT), human-machine interface, robotics, and sensor technology, and three-dimensional (3D) printing technology. The five technologies are signs that, in this era, the industry will enter the virtual world and the use of automation machines that are integrated with the internet is inevitable (Ślusarczyk, 2018).

Facing such challenges, the Supreme Court of Indonesia has initiated the implementation of e-Justice by developing an electronic justice system (e-Court). Broadly speaking, e-Court is part of court’s efforts to provide easier access to the public and justice seekers, besides, of course making the court more open, effective, and efficient (Aidi, 2020). It is regulated by Supreme Court Regulation No 3 of 2018, which then was subsequently amended by Supreme Court Regulation No 1 of 2019 concerning the Administration of Lawsuits and Court Proceedings by Electronic Means. The Supreme Court also issued the technical guidelines for the implementation of Supreme Court Regulation No 1 of 2019 under Supreme Court Justice Decree No. 129/KMA/SK/VIII/2019 concerning the Technical Guidelines for the Administration of Lawsuits and Court Proceedings by Electronic Means. Through this Regulation, the online system has started to be used for the registration of cases (e-Filling) as well as for the payment of court fees (e-Payment), and e-Summons. In fact, the Supreme Court also has begun to develop an e-Court system for e-Litigation. Subsequently, this will include the adaptation of the online system to the procedure for examination procedure, the statements of witnesses and experts, and decisions.

Practically, Indonesia may follow with what European Union (EU) has implemented so far in the use of artificial intelligence to the context of big data (Velicogna, 2017). The term e-Justice has begun to use in European Union legal ecosystem. If people type “European Union e-Justice” into a search engine, “European e-Justice Portal” will appear on the search page. The European Union describes the portal's purpose as “improving access to justice throughout the EU”. Through this portal, people can easily access various data related to legal processes and practices in the European Union. For example, databases of lawyers and notaries who are officially registered, sample cases, and explanations of court processes. People no longer need to be afraid or confused browsing the legal databases in the European Union. Simply by opening the e-Justice online portal, various data or information about the law are readily available.

The electronic case administration arrangement will continue to develop throughout the proceedings at the Indonesian trial. However, it is necessary to sort out the trial process which can be carried out using an electronic system and which will actually create a polemic if the process is conducted electronically. Moreover, the uneven quality of technological facilities and the level of technological literacy in all regions of Indonesia is also feared could be exploited as an opportunity for judicial mafia practices. There are also questions about data protection. Potential litigants, in major corporations, may find that the cost and time savings provided by e-litigation outweigh the risks presented by the transfer of confidential information to an external electronic system. Also, as things stand at the moment, the consent of both parties (plaintiff and defendant) is required prior to the use of e-litigation services (Arifin, 2020). In fact, it could hinder the practice of e-Court, as, from a psychological point of view, numerous defendants are likely to be reluctant to accept anything which might make it easier for them to be sued.

Key Terms in this Chapter

Litigation: A judicial controversy. A contest in a court of justice, for the purpose of enforcing a right.

Defendant: The person defending or denying; the party against whom relief or recovery is sought in an action or suit.

Big Data: Very large sets of data that are produced by people using the internet, and that can only be stored, understood, and used with the help of special tools and methods.

Artificial Intelligence: The study of how to produce machines that have some of the qualities that the human mind has, such as the ability to understand language, recognize pictures, solve problems, and learn.

Trial: The examination before a competent tribunal, according to the law of the land, of the facts or law put in issue in a cause, for the purpose of determining such issue. A trial is the judicial examination of the Issues between the parties, whether they be issues of law or of fact.

Ombudsman: Appointed by governments to investigate complaints from citizens against large organizations (e.g. public bodies, corporations, the media). Typically, ombudsmen have wide-ranging investigative authority, but their punitive powers tend to be limited.

Plaintiff: A person who brings an action; the party who complains or sues in a personal action and is so named on the record.

Lawsuit: A disagreement between people or organizations that is brought to a court of law for a decision.

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