232 DOI: https://doi org/10 21776/ub arenahukum 2023 01602 2 Indonesia
https://arenahukum.ub.ac.id/index.php/arena
IMPLEMENTATION OF ONLINE REGISTRATION E-COURT AT INDONESIA RELIGIOUS COURTS
1Mukmin Muhammad, 2Rahmadina STIA Al Gazali Barru
Jl Jend Sudirman No 41, Sumpang Binangae, Kec Barru, Kab Barru, Sulawesi Selatan 90712 Email: 1mukmintomy48048@gmail com, 2merajard15@gmail com
Abstract
The purpose of this study is to know the pattern of service at the Barru Religious Court Office during the Covid-19 pandemic and the implementation of online case registration E-Court of physical distancing at the Religious Court Office during the pandemic. This qualitative research include observation, interviews, documentation. Data analysis involve data reduction, data presentation, and conclusion drafting. The result shows the implementation used in the registration of the first case is online case registration, the second is to get a down-payment interpretation online, the third can make online payments, the fourth can conduct trials online (litigation), the fifth can view calls online, and the sixth can make decisions online. The case registration E-Court has been carried out following PERMA No.1 of 2019 about the electronic case of registration. In particular, at a time when Indonesians are growing more concerned about the Covid-19 virus outbreak, this PERMA is extremely appropriate to be carried out.
Keywords: Case Registration; COVID-19 Pandemic; E-Court; Online; Religious Court.
Abstrak
Tujuan penelitian ini untuk mengetahui bagaimana pola pelayanan di Kantor Pengadilan Agama Barru selama masa pandemi Covid-19 dan bagaimana penerapan e-court pendaftaran perkara secara online terhadap penerapan physical distancing di Kantor Pengadilan Agama selama masa pandemi. Data dikumpulkan meliputi observasi, wawancara, dokumentasi, dan metode analisis data meliputi reduksi data, penyajian data, dan penyusunan kesimpulan. Hasilnya bahwa implementasi yang digunakan dalam pendaftaran perkara pertama adalah pendaftaran perkara online, kedua mendapatkan interpretasi uang muka secara online, ketiga dapat melakukan pembayaran online, keempat dapat melakukan persidangan secara online (litigasi), yang kelima dapat melihat panggilan online, dan yang keenam dapat membuat keputusan secara online.
Pendaftaran perkara secara e-court telah dilaksanakan sesuai dengan PERMA No.1 Tahun 2019 tentang pendaftaran perkara secara elektronik. PERMA ini sangat tepat untuk dilakukan, apalagi dalam kondisi wabah virus Covid-19 yang semakin mengkhawatirkan masyarakat Indonesia Kata kunci: Online; Pandemi Covid-19; Pendaftaran Perkara; Pengadilan Agama; Pengadilan Elektronik
Introduction
Since announcing the positive case of Covid-19 in Indonesia on March 2, 2020, the government has increased the solving of the global pandemic Covid-19 The government also increased alerts in hospitals and international standard equipment, including the budget for prevention and treatment Nowadays, not only the condition in Indonesia but also all the countries are worrying This case was caused by the impact in Covid-19 pandemic, which not only impacted the economy and social stability but also affected the whole sector, including the court system in Indonesia The assembly is conducted in person by presenting the parties to the litigation Still, another alternative is sought in conditions requiring social distancing:
operating an electronic trial That is necessary since the experiment runs the danger of being impacted by the Covid-19 if it is conducted in the typical direct pattern In contrast, if the case is continued, it will cause harm to the defendants because of the uncertainty of the fate and status of the judges
The Supreme court includes the judicial bodies below: general courts, religious courts, military courts, and state administrative courts It has been stipulated in the previsions (PERMA 1/2019) regarding case administration and electronic trials 1 Supreme Court Regulation
1 Luthfia Hidayah and Rahmi Ayunda, “The Procedure And The Effectiveness Towards Dispute Registrations Using E-Court Services At Batam Religious Court 1-A Class”, ConCEPt: Conference on Community Engagement Project, Vol. 2, No. 1, (February 2022): 376–87
2 Raden Raffi Septiar and Sholahuddin Harahap, “Implementasi Pengadilan Elektronik (ECourt) Pada Badan Peradilan Di Indonesia Dihubungkan Dengan Asas Sederhana Cepat Dan Biaya Ringan”, Prosiding Ilmu Hukum, (2019): 902–7
No 3 of 2018 organize the new issues: digital case registration, court summons, and an electronic copy of decisions/determination 2
The Supreme court reopened the legal product that was ever released, that is, Supreme court regulation No 1 of 2019 concerns the court of administration case electronically The implementation of PERMA is quite suitable, particularly in light of the Covid-19 virus outbreak, which is causing the Indonesian people growing amounts of concern Hence, video or web conference facilities can effectively hold assemblies by the judiciary, Prosecutor’s Office, or Detention Center This electronic judicial pattern, based on the PERMA given by the Supreme Court, the Indonesian courts can effectively advance using E-Court
E-Court system is one of the Supreme Court’s innovations in dealing with challenges related to the development of human life that connects their needs to all things technological The Supreme Court Regulation of the Republic of Indonesia No 3 of 2018 concerning the Management of Matters in court of justice electronically, which was later substituted by Administration of the Supreme Court of the Republic of Indonesia No 1 of 2019 about the case of Administration and Trials in Courts Electronically (from now on referred to as PERMA No 1 of 2019) The changes to the
PERMA were made to optimize service to the public in the process of settling cases at the Indonesian courts
Electronic court system has been established through PERMA No 3 of 2018 in Indonesia Through, it is far behind developed countries such as Singapore, however it has created a technology court service system Where in judicial practice in Singapore where every Singaporean citizen which an any individual has a Sing Pass ID or juridical companies can obtain judgment internet while in trial3
This supreme court regulation No 1 of 2019 also refers to Law No 11 of 2008 concerning information and electronic transaction It was later amended into Law No 19 of 2016 regarding Amendments to Law No 11 of 2008 concerning Information and Transaction Electronic Following the Supreme Court Regulation, lawyers and registered individuals can use electronic case administration services, this shall be further regulated by the Chief Justice of the Supreme Court’s order Then digital crime of authority arrangement applies to the types of cases of Civil, Religious Civil, Military Administration, and State Administration
Law No 48 of 2009 concern Judiciary stipulates that justice must be implemented quickly and cheaply That is why it is necessary to reform to overcome obstacles in administering the court effectively and
3 Ika Atikah, “Implementasi E-Court Dan Dampaknya Terhadap Advokat Dalam Proses Penyelesaian Perkara Di Indonesia”, Proceeding-Open Society Conference 2018, Social and Political Challenges in Industrial 4.0, (2018): 107–27
efficiently Therefore, conducting the trial electronically or in E-Court is deemed necessary to fulfill the administrative services effectively and efficiently
One of an advantage of using E-Court is calling the parties, sending copies, and more compelling case fees based on the principle of fast, simple, and low cost, a series of electronic case administration that applies in each judicial environment PERMA shows a regulation electronically as a legal basis for an administration case to support the establishment of a professionalism in the court , transparent, accountable, effective, efficient and modern case administration
Article 1 Law No 25 of 2009 concerning public service mentioned the definition of public service as follows:
Public service is an activity in fulfilling service needs that is suitable with the legislation for citizens and people of goods, services, and administrative services provided by public service providers
Public service is an effort made by a group or a bureaucratic person to assist the community in achieving a specific goal One of the implementations of public services is population administration in a government Population administration is a series of structuring and controlling activities in controlling population documents and data through population registration, civil registration, management of population
administration information, and the utilization effect to public service and other sector developments
Online Case Registration in the E-Court application is currently only open for registration types for lawsuits, rebuttals, simple lawsuits, and applications This registration is a type of case that registered in the General Courts, Religious Courts, and State Administrative Courts, because its authorization demands extra tasks and it is the reason in creating an E-Court, one of which is the ease of trial (E-Court Guidebook 2019) E-Court and The Supreme Court of the Republic of Indonesia issued the E-litigation system that means of law enforcement to implement the ideals of simplicity, speed, and economy However, in actual practice, it is still relatively small compared to conventional ones, including divorce cases 4
The previous study relevant to this research conducted by Ramdani and Yoghi 5 showed that the case registration services at the was already implemented in a number of ways, particularly an online through the E-Court application and manually visit the Spiritual Court Thus, this study demonstrates that Legal Aid Post services at the Indonesian Religious Courts
4 Ahmad Kevin Budirahmadi and Sri Maharani MTVM, “E-Court and E-Litigation Implementation in Divorce Case Resolution Process at the Surabaya Religious Court”, In-Prolegurit Vol. 1, No. 1, (2021): 239–64 5 Ramdani Wahyu Sururie and Yoghi Arief Susanto, “Legal Aid Post Services at the Indonesian Religious Courts
during the COVID-19 Pandemic”, AHKAM Vol. 20, No. 2, (2020): 207–32
6 M Kenza Radhya, “Literature Review: The Development of E-Court System Technology as a Transformation of Indonesian Law in the COVID-19 Pandemic Era”, Law and Development in the Era of Pandemic, (Yogyakarta:
Faculty of Law Universitas Islam Indonesia, 2021)
7 Anton Aulawi and Muhamad Asmawi, “Effectiveness of E-Court in Improving Service Quality at Serang Religious Courts”, Advances in Social Science, Education and Humanities Research Vol. 410, (2020): 212–15 8 Miftakur Rohman and Ayu Kartika, “Implementasi E-Court Terhadap Pelayanan Administrasi Perkara Di
Pengadilan Agama Gresik”, MASADIR: Jurnal Hukum Islam Vol. 2, No. 1, (2022): 324–42
during the Covid-19 pandemic have been carried out differently in various Religious Courts
TOL had advantages in resolving court problems and was proven effective in security, time, and cost Meanwhile, the MBA system had better security standards These methods can be integrated to create a new E-Court method that can be realized and implemented in Indonesia 6 Electronic courts are having a positive impact on people as a means of registering cases People perceive electronic courts as a modern form of court that applies the principles of quick, easy and cheap Still, the E-Court system can only be done for advocates who have obtained validation from the Supreme Court of the Republic of Indonesia 7
According to the research that has been conducted by Miftakur and Ayu 8 analyze the implementation of E-Court on administrative maintains at the Gresik Spiritual Court successfully has been executed by Supreme Court Regulation No 3 of 2018, which is based on the principles of fast, easy, simple and low cost Factors that support the implementation of the E-Court are sufficient technical facilities such as computers and internet networks Still,
sometimes there is interference with the signal, which makes the upload of data transmission long and is part of the obstacle Another researcher stated that implementing electronic case services (E-Court) in the Religious Court during the Covid-19 pandemic is less than optimal It is because there is still a need for more information, socialization and the necessity of parties to come to the Court for account activation Also, the law’s structure, substance, and culture are an obstacle factor in the service of cases electronically (E-Court) in religious courts, especially during the Covid-19 pandemic, which ultimately does not provide legal certainty to the litigated community 9
Meanwhile, there are still many obstacles to its implementation in the field Several factors cause obstacles in its execution The factor includes characteristics of the litigants who need help understanding the trial procedure, the bailiff in carrying out the summons procedure is not prope and is an obstacle that judges oftenconducting the trial procedure, the difficulty the court frequently encounters when one of the parties fails to appear 10
The service conditions at the Court Office during Covid-19 can affect the service process to the community, and this is due to the strict Health Protocol from the government Therefore, the author is interested in researching or finding out how to implement
9 Burhanuddin Hamnach et al , “Implementasi Layanan Perkara Secara Elektronik (E-Court) Saat Pandemi Covid-19 Hubungannya Dengan Asas Kepastian Hukum”, Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga Dan Peradilan Islam Vol. 3, No. 1, (2022): 47–65, doi: https://doi org/https://doi org/10 15575/as v3i1 17518 10 Lisfer Berutu et al , “E-Court System In Realizing Simple, Fast And Low-Cost Civil Justice: Learning From
Indonesian Experience,” Journal of Positive School Psychology Vol. 6, No. 7, (2022): 2805–19
11 Sugiyono, Metode Penelitian Pendidikan Pendekatan Kuantitatif, Kualitatif, Dan R&D, (Bandung: Alfabeta, 2014)
online case registration e-courses for services at religious court offices during the Covid-19 pandemic
The type of research method is qualitative research This study was chosen because it presents data in a systematic, factual, and accurate manner regarding the facts on the ground by using a descriptive research design with a qualitative approach 11 The analysis is used to limit or narrow the existing findings to become more meaningful data and to explore the facts of service patterns during the Covid-19 pandemic at the Barru Regency Religious Court office A research location is a place or object for conducting research which is a critical stage in qualitative research because the determination of the research location means that the object and purpose have been set, making it easier for the author to conduct research; (i) The location of the research or the area used as a sample by the author is the Barru Regency Religious Court Office (ii) Research Time, while a research time used by researchers is three months from September to December 2021
This research was conducted using three standard mechanisms; observational, interview, and documentation Observation is shown in the Religious Court that becomes a sample This observation technique was undertaken to observe the situation related to
the Covid-19 pandemic, which applied in the religious court offices
Analysis of this research is the interview was conducted with a purposive technique toward a source person to obtain information about a case registration during the pandemic in the Barru Religious court office Then along with the interview process from various sources related to this research, the researcher also archived some documentation from these sources
Discussion
A. The History of Religious Court Office
Islamic doctrine entered in the 16th century in Barru, brought by a person named Daro Ri Bandang in the Tanete Lalabata After Islam grew, it became known that there was a rule of law, namely Islamic law
During the Dutch East Indies era, religious courts began to be known by the Islamic community as the Syari’ah Court 12
Each job appoints a Qadhi who is entrusted with the task of leading the congregation and has their respective jurisdictions, including the Tanete Kingdom with the jurisdiction of Tanete Rilau and Tanete Riaja, the Kingdom of Barru with the jurisdiction of Barru, the Kingdom of Balusu with the jurisdiction of Kiru-kiru and some areas soppeng Riaja and the kingdom of Nepo with the jurisdiction of Nepo
12 Miftakhur Ridlo, “Sejarah Perkembangan Peradilan Agama Pada Masa Kesultanan Dan Penjajahan Sampai Kemerdekaan”, Asy-Syari`ah: Jurnal Hukum Islam Vol. 7, No. 2, (2021): 152–67
13 M D Wahyudi, Ilmu Sejarah: Sebuah Pengantar, (Depok: Prenadamedia Group, 2018)
Tanete Kingdom with Qadhi named la waru Dg Teppu (16th century), the Kingdom of Barru with a Qadhi called H Jamaluddin (20th century), the Kingdom of Balusu and Kiri-kiru/Soppeng Riaja with the name Coa (1920), and the Kingdom of Nepo with a Qadhi named H taberang (1928) 13 The four areas mentioned above are included in the Barru Regency area Thus, the jurisdiction covers the Kingdom Each region of the Kingdom has a Qadhi and two members and is accompanied by a secretary; they convene on the mosque’s porch so that Shari’ah in Barru is often called the Serambi court This situation lasted until the Japanese government in 1942 stipulated that all laws and regulations originating from the Dutch East Indies government remain in effect as long as they do not conflict with the interests of the Japanese army
During the Independence of the Republic of Indonesia, there were no separate rules governing the status and existence of a Religious Court institution After the issuance of government regulation No 45 of 1957 (P, 2014), the Barru Religious Court entered the jurisdiction of the Pare-Pare Religious Court, which was formed in 1958 Following the declaration of the Decree of the Minister of Religion of the Republic of Indonesia No 87 of 1966, the Barru Religious Court was independent and separated from the Pare- Pare Religious Court in 1967 and had its office in the Barru Regent’s building for ten
years, then moved the office of the Ministry of Religion until after its establishment The Barru Religious Court Office building was inaugurated in 1980 by the Islamic Religious Courts Agency’s Director
After the validation of Law No 7 of 1989, the existence of the Barru Religious Court became powerful It has been implemented so that the citizens have been assessed that the religious court of Barru was the same as another court
Image 1. Map of the administrative area of the Barru Religious Court Office, South- Sulawesi Province of Indonesia
Source: Barru Religious Court Office B. E-Court Arrangements and Legal
Reviews
The E-Court application makes it easy to register, and the calling process is considerably shortened in duration, namely sending via e-mail or electronic domicile These efforts are expected to improve services by accepting
14 Sonyendah Retnaningsih Et Al , “Pelaksanaan E-Court Menurut Perma Nomor 3 Tahun 2018 Tentang Administrasi Perkara Di Pengadilan Secara Elektronik Dan E-Litigation Menurut Perma Nomor 1 Tahun 2019 Tentang Administrasi Perkara Dan Persidangan Di Pengadilan Secara Elektronik (Studi Di Pengadilan Negeri Di Indonesia),” Jurnal Hukum & Pembangunan Vol. 50, No. 1, (July 2020): 124, doi: https://doi org/10 21143/
jhp vol50 no1 2486
online case registration Furthermore, the public will save time and money in filing litigation
The Supreme Court has issued regulations regarding the case of electronic administration in court through PERMA No 3 of 2018 about the Case of Electronic Administration in Courts PERMA No 3 of 2018 regulates users, case registration, down payment of court fees, and summons to parties, all of which are carried out electronically Users who can hold proceedings using E-Court when PERMA No 3 of 2018 is enacted are only registered users Registered users are advocates who have been verified at the High Court The increase in electronic trial services was carried out after seeing the results of the previous implementation, which can be said to be quite successful and close to achieving a judicial process based on the simple, fast, and low cost
14
E-Court system was first formalized in 2018 by the Supreme Court This inauguration is expected to bring about administrative changes in the courts by streamlining the process and saving the costs needed to encourage the growth of case management modernization within the judiciary Courts are carried out in stages in several pilot District Courts in Indonesia
A Supreme Court Circular No 4 of 2019 concerning the Obligation to Register Civil
Cases using E-Court was issued on June 10, 2019, to make fundamental changes regarding E-Litigation users and the E-Court system After being tested in several pilot courts, then December 27, 2019, The Supreme Court officially launched E-Litigation, which was effectively enforced in all courts in Indonesia starting January 2, 2020 The factors of Supreme Court took into account before implementing its E-Court and E-Litigation program 15
1 The court will make an effort to get beyond all barriers in order to arrive at the expected trial by section 4 paragraph (2) in Law 48 of 2009;
2 Evolving times requiring litigant claims and IT litigation in court;
3 The Supreme Court may prescribe further matters necessary for the proper administration of justice;
4 Ease of Doing Business Survey Demands C. Implementation of online case
registration at the spiritual court office when Covid-19 pandemic Meanwhile, in implementing this research, the researchers obtained data by conducting direct interviews with relevant sources The research findings will be explained clearly and thoroughly
The performance of the administration of the religious court office is critical in online case registration, especially for those litigating in court
15 Syamsul Ma’arif, ”Sosialisasi Perma No 1 Tahun 2019 (Microsoft Power Point, Hakim Agung Dan Wakil Ketua) Kelompok Kerja Kemudahan Berusaha Mahkamah Agung Republik Indonesia ”, 2019, dalam Annisa Dita Setiawan, Artaji, dan Sherly Ayuna Putri, “ Implementasi Sistem E-Court Dalam Penegakan Hukum Di Pengadilan Negeri”, Jurnal Poros Hukum Padjadjaran Vol. 2, No. 2, (Mei 2021)
1 The use of online case registration at the religious court office during the COVID-19 epidemic
The researcher interviewed resource persons to obtain data on implementing the online case registration during the Covid-19 pandemic at the Barru religious court office According to Muh Asjar, S Sos online case registration at the spiritual court’s offices during the Covid-19 epidemic Resource person Muh Asjar as Admin said that:
“The case registration E-Court has been carried out by PERMA No 1 of 2019 about the case of registration electronic, and this PERMA is very appropriate to be carried out, especially in conditions of the Covid-19 virus outbreak, which is increasingly worrying the Indonesian people ”
Based on the interview above, it can be known that the case registration E-Court has been carried out following PERMA No 1 of 2019, and before Covid-19 pandemic existed, electronic court was used
2 The service pattern in the religious court online during the Covid-19 pandemic The researcher conducted interviews with resource persons to obtain data on the religious court’s online application of the service pattern for Covid-19 pandemic at the Barru religious court office According to Muh Asjar, S Sos the online service pattern in the religious court office during the Covid-19 pandemic
Resource person Muh Asjar as Admin said that:
“The pattern is different offline, which as usual, is face-to-face because online is the pattern of the attorney’s service, he registers his case online, and the lawyer doesn’t come to court anymore, so for his service, for example, he wants to register his case via E-Court Pay is also E-Court, and the call is also E-Court, so everything is online It’s different from those who register offline because he comes to court and is usually questioned first, then pays for it later directly at the Barru religious court office ”
So, according to the interview results above, the offline pattern is usually face-to- face, and while the online way is the attorney’s service, he registers his case online
3 The steps of case registration through by electronic court in the religious court The researchers gather information on the procedures for case registration using E-Court in the Barru religious court by interview According to Muh Asjar, S Sos the online actions of case registration in the religious court office during the Covid-19 pandemic Resource person Muh Asjar as Admin said that:
“First, the party accesses the go id com supreme court E-Court link The two court parties are occupied with the case The third party or lawyer uploads a power of attorney document that is stamped and signed, and the four parties or lawyers upload the case file (letter of attorney) The lawsuit, procuration,
and evidence), five parties to the lawyer make payments according to the electronic court application, a six parties or lawyers get a case number from the lawyer, and the seven parties or lawyers wait for the call from the court bailiff (date) ”
Based on the interview results above, open the E-Court link of the Supreme Court go id com before registering cases online
4 The definition of administration of case registration service and solving the case electronically e-court in the religious court
The researcher interviewed resource persons to obtain data on implementing the administration of case registration service and solving the case electronically in an E-Court in the Barru religious court Salmirati, S H , M H, as a resource person as the head of the Barru religious court, said that:
“E-Court is a program that allows people to register to get an access cases, interpretations, and calls on online, and trial online, and make decisions online through the application of Electronic Court ”
According to the results of interview, electronic judicature as a registration duty for registrant publics to get cases online
5 The type of cases that can be registered by electronic court
The researcher interviewed resource persons to obtain data on the implementation of the type of cases that E-Court can register in the Barru religious court According to Salmirati, S H , M H, as a resource person as
the head of the Barru religious court said that:
“The types of cases that can be registered are two applications and a lawsuit The definition of an application is a letter intentionally made containing all claims for civil rights made by interested parties and discusses cases that do not include disputes At the same time, the meaning of the lawsuit is a letter of claim for rights (in civil matters) which contains a conflict and is the fundamental basis for examining cases submitted to the Head of the District Court where one party is the plaintiff to sue the other party as the defendant ”
Based on the interview results above, two cases can be registered: an application and a lawsuit
6 The benefits for community to register cases using electronic court application Researchers conducted interviews with resource persons to obtain data on implementing benefits for the community for case registration using electronic court application at the Barru Religious Court According to Salmirati, S H , M H, it is beneficial for the district to register cases using the electronic court application The resource person as head of the Barru Religious Court said:
“E-Court benefits for the community are huge because people who want to litigate in court can easily, quickly, and do not require large registration fees ”
So, based on the results of the interview above, electronic court for community is very
beneficial, and people who want to litigate in court can easily and quickly not require enormous costs
7 The differences between electronically (e-court) and direct registration in the court
Researchers interviewed resource persons to obtain data on electronically implementing the different registration cases (E-Court) and direct enrollment in the Barru religious court According to Annisa Magfirah, S H, the differences between case registration electronically (E-Court) and direct registration in the court The resource person as a staff in the Barru religious court said:
“Case registration electronically is easier and faster because the case registration can be conducted everywhere without need many times and the fee is cheaper than direct registration ”
Based on the interview results above, case registration electronically is easier and faster because case registration can be conducted everywhere and is not needed many times 8 The charge for registering an e-court user
account
Researchers conducted interviews with resource persons to obtain data on the implementation of the fee for registering an E-Court user account in the Barru religious court According to Annisa Magfirah, S H’s process of writing an E-Court user account is not charged in court The resource person as a staff in the Barru religious court said:
“The account registration process
does not use any fees ”
Based on the interview results above, the account registration process does not use fees 9 The implementation that used on the
online case registration during the Covid-19 pandemic
Researchers interviewed resource persons to obtain data about the implementation of online case registration during Covid-19 in the Barru religious court The resource person as a staff in the Barru religious court said that:
“Implementation used in the first case registration is case registration online, secondly, getting the online interpretation Third, being able to make payments online Fourth, being able to conduct online trials (litigation) Fifth, being able to view calls online ”
Based on the interview results above, the implementation used in the first case registration is case registration online, and secondly, getting the online interpretation and being able to conduct online trials (litigation) 10 Constraints that often arise when
registering cases online
Researchers conducted interviews with resource persons to obtain data about the implementation of obstacles that often arise when registering cases online at the Barru Religious Court According to Muh Asjar, S Sos is a problem that usually occurs when writing cases in court The resource person as the admin of the electronic court in the Barru Religious Court said:
“Constraints often arise when
registering are virtual payment processes that often experience disruptions on the E-Court server, the process of obtaining case numbers for users is sometimes slow, and electronic calls sometimes do not reach the lawyer’s account ”
Based on the interview results above, in registering online, there are often problems in the virtual payment process, and the process of getting user case numbers is also slow, and also electronic calls do not reach the lawyer’s account Therefore, there is improving the internet server and also socialization process e-court
11 The violation of the terms and conditions of e-court users
Researchers conducted interviews with resource persons to obtain data about the implementation if there is a violation of the terms and conditions of electronic court in the Barru religious court According to Muh Asjar, S Sos, the expert who manages the Barru Religious Court’s digital jury, said:
“Yes, if the lawyer is proven to have violated the E-Court user, the Supreme Court will give a sanction to the lawyer ”
So, based on the interview above, if a lawyer commits a violation against an E-Court user, he will be given a sanction by the high court where the lawyer swears
12 The e-court user account have an expiration date
Researchers conducted interviews with resource persons to obtain data about the implementation of whether the electronic
court user account has an expiration date in the Barru religious court According to Muh Asjar, S Sos, the resource person as the admin of the E-Court at the Barru Religious Court said:
“Applications of E-Court user accounts have an expiration date and will expire if the member of the advocate organization is over ”
So, based on the interview above, it can be known that the user of E-Court has an expiration date
The implementation of the E-Court has contributed to the improvement of Indonesian justice An important step toward maintaining justice and the rule of law is the adoption of electronic courts Electronic event requires community to limit their attendance in public places especially during the Covid-19 pandemic
D. Electronic Court Application
From the official website of E-Court, E-Court is a program that allows registered users to file lawsuits online, get a measurable court fee online, make an online payment, summons electronically, and organize a litigation process via-online In E-Court, there are four main services, namely:
1 E-Filing
The registrant must first register online before e-filing or starting an online case It needs to select the intended court (District Court/
Spiritual Court /State Administrative Court, which E-Court services have supported) Users and other users can use electronic court
administration services According to articles 4 and 5 of the supreme court rule No 1 of 2019, users are attorneys who adhere to the court information system’s criteria Meanwhile, the needs of the court information system users are met by other users, who are legal subjects other than advocates For instance, state attorneys, jurist, government law firms/
TNI/POLRI, the prosecutor’s office in Rhode Island, directors and managers chosen by legal entities, and incidental proxies decided by law 2 E-Payment
An administrative fee applies to registration and repaid This payment will be used to charge for the party’s call Fees are paid after the legal adviser gathers an email that supposed as the nominal fee for the court case In addition, the advocates will pay fees based on the denominations specified in e-banking and mobile banking The court reviews and verifies the claim and registers it in the case tracking
3 E-Summons
Electronic summons (E-Summons) are issued to plaintiffs and defendants who have registered in the case as well as to any parties who have given their agreement to receive summonses electronically This is provided for in article 15 of PERMA No 1 of 2019 The parties are not required to await the bailiff’s summons This is because the summons is created through email correspondence Therefore, it improves duration and cost efficiency According to article 17 of PERMA No 1 of 2019, Warrants to parties with
domiciles outside of the court’s jurisdiction may be submitted online and the party’s home court
4 E-Litigation
An electronic trial (E-Litigation) is the parties can access serial of trial events via laptops or other devices However, However, trials are not always held online The first trial will continue to be held in court except for imitation, duplicates, reactions, and results These can be submitted electronically The defendant must provide evidence along with their response in the form of a letter or an electronic document
The existence of an electronic trial can make trial time more effective because the trial agenda is not only open for the submission of documents The trial will be closed and resumed However, the existence of an electronic trial can be helpful to speed up the trial process to make it more effective and efficient for the litigants
The law’s benefits are achieving the objectives of the rule of law in a country aimed at society Therefore, a good lawyer is a law that can bring benefits to the community Supreme Court Regulation No 1 of 2019 about Electronic Administration of Cases and Trials in Courts is a regulation made to fulfill the provisions of Article 2 paragraph (4) of Law No 48 of the Year 2009 concerning Judicial Power which states that “Judicial are carried out simply, quickly and at low cost,”
so to achieve these goals administrative and trial reform is needed to overcome an obstacle
or obstacle in the process of administering justice ”
The principles of simplicity, speed, and low cost are the basis for implementing judicial processes in Indonesia, both in criminal and civil courts Judging from the progress of the E-Court itself, namely as a case administration system with various services available, this is, of course, very helpful in carrying out court proceedings, especially in civil cases, because judicial proceedings for filing and examining a case are faster and simpler
The simple principle in E-Court, namely that in court proceedings, is much simpler because registered users only register cases by accessing the E-Court website and only need an internet connection After completing registering cases, registrants will immediately get SKUM online From the E-Court application, registrants do not need to come and queue at court because E-Court registrants can pay court fees by using mobile banking or transferring through a bank, thereby reducing someone’s fear of coming to court in person during the Covid-19 pandemic and reducing crowds during the Covid-19 pandemic In addition, if the party also uses an E-Court service, namely e-litigation, the results of the case decision can be accessed at any time because it is in the form of a soft file and can be easily stored and accessed anywhere via an electronic device
Then the fast principle in E-Court refers to trial procedures in implementing E-Court Because the trial process in E-Court or
commonly referred to as e-litigation, from registration to the final decision, can be completed in just a few minutes because the e-litigation process only uploads documents or files into the E-Court application, except in the case of the evidentiary process because the evidence requires the parties to meet before the court to show the authenticity of the evidence whether letters, documents or anything else before the court
The principle of low cost in E-Court means that the price of proceedings using E-Court is lower than the cost of cases conducted directly Besides, the judicial process becomes more transparent because of the E-SKUM in the E-Court application, where the operation costs in litigation by applicable fees Therefore, having an E-Court can help the court save time and procedures so that it can realize justice in fulfilling the principles of simple, fast, and low cost and can reduce the spread of the virus during the Covid-19 pandemic due to the lack of face-to-face meetings in court
The E-Court Court has a simple and fast relationship with low costs, which is unique and interesting16 Namely related to innovation in the implementation of the Court, one of which is through E-Court, which is used as a
16 Hisam Ahyani, Muharir Muharir, and Ghofir Muhamad Makturidi, “Administrasi Perkara Perdata Secara E-Court Di Indonesia, Prosses in Journal Batulis Civil Law Universitas Pattimura Ambon”, Batulis Civil Law Review Vol. 2, No. 1, (2021): 1–11
17 Septiar, loc. cit
18 Safira Khofifatus Salima and Endrik Safudin, “Efektivitas Penyelesaian Perkara Secara E-Court Di Pengadilan Agama Kabupaten Kediri”, Jurnal Antologi Hukum Vol. 1, No. 2, (December 31, 2021): 18–35, doi: https://doi org/10 21154/antologihukum v1i2 307
19 Oyaldi Puhi, Rustam Hs Akili, and Roy Marthen Moonti, “The Settlement of Abuse of Authority by Government Officials”, The Indonesian Journal of International Clinical Legal Education Vol. 2, No. 1, (March 31, 2020):
85–100, doi: https://doi org/10 15294/ijicle v2i1 37323; Ayon Diniyanto, “Bureaucracy in Perspective of Government Administration Laws”, Law Research Review Quarterly Vol. 6, No. 1, (February 7, 2020): 85–90, doi: https://doi org/10 15294/lrrq v6i1 36706
choice for individuals who wish to litigation so that the principles are simple, fast, and low/
low cost can be carried out properly 17 E-Court at the Kediri Religious Court had fulfilled the Court’s effectiveness in proceedings It can be seen from the fulfillment, faster trials and lower costs than the usual procedural process E-Court proceeding services, justices and tribunal can obtain an advantage over litigation process 18
The case E-Court application is anticipated to enhance services by allowing online case registrations, and the general public will benefit by saving time and money when registering a case Below is a description of E-Court application areas 19
a Online Case Registration
A new sort of online case registration for lawsuits just been made available through the E-Court application and will be developed further Enrollment of cases in trial is a case types that is registered in general, religious, and state administrative courts, registration needs more effort, and this is the cause for creating electronic trial There are benefits of online case registration that used an E-Court application:
1) Saving a duration and fee for the
registration cases
2) Payment deposit fees can be paid on the
3) Channel
4) Documents are well-archived and available in a variety of forms
5) A quicker technique for collecting data
b Electronic Payments
In a traditional case registration, the potential plaintiff or applicant presents a lawsuit, petition, and power of attorney to pay to the court (SKUM) the potential applicant will pay in advance as associated as specified in the SKUM Then, the cashier carries out the following actions:
1) Receiving a money and record of judiciary fees
2) Provide the case number and perfect score while signing the SKUM
3) Exchange the claim/summons a letter of SKUM to the prospective plaintiff/
applicant
4) Submitting the deposit earlier to the treasurer of the case
c Research records
The E-Court application additionally handles the transmission of legal cases, such as copies, duplicates, facts relevant, and online responses which can be viewed by the judge and clients
d Electronic Summons
According to Supreme Court Regulation No 3 of 2018, registration calls via E-Court and command to users are handled electronically by going to the registrant users address However, the first command is to be done manually for
the participant, when the party is present at the first trial, electronically an approval will be approved When approved, the defendant will be electronically connected in the electronic domicile rather than supported and conducted out manually as normal
Based on the Supreme Court Regulation No 3 of 2018, Article 12 (1) Summon delivered electronically to 1) Electronically registered or in writing approving the applicant/plaintiff;
2) Defendant/Respondent, or another party who has given written approval to be reached electronically, and 3) To proceed online, legal counsel needs the principal’s signed consent E. The Step of Online Case
Registration 1 E-court preview
User register with access this link http://
ecourt mahkamahagung go id
The first step is for the user to register a lawsuit case at the court by opening the link http://ecourt mahkamahagung go id as shown in the picture above
2 Select the court location to file a case and then doing to start registration
The second step is to select the location of the case registration destination and then the user registers so that the registered user gets a case registration number
3 The steps of case registration
User registration (Type of name, email, and password for registration)
The third step is for users to register such as creating an account by filling in your name, email, and password for registration
4 Steps to fill in data
Open the email to activate user account (automatically, the user account will active after we click activation bottom)
5 Step to upload files,
Login with enter the email address and password and then click login
The fifth step is to log in using the registered email and password, then click login and then upload the lawsuit case file and also upload the supporting document (Documents of advocate card, oath document, KTP document)
6 Step to estimated court fees
The sixth step is the estimation of court fees in the online registration, complete and fill the advocate data as follow: (Full name, Office address, telephone, office fax, handphone, advocate number, advocate expiration date, and others)
7 Steps to online payment
The seventh step is to make an online payment via ATM or m-banking
8 Steps to wait the payment verification and registration the case
The eighth step is after payment is complete, which is to wait for payment verification and registration cases
Based on the result of research regarding the implementation of case registration E-Court online during the Covid-19 pandemic, it has been going well following the rules that have been set, namely:
The E-Court in case registration has been carried out following PERMA No 1 of 2019 about an electronic of case registration The Covid-19 virus outbreak, which is growing in concern among Indonesians, it makes that PERMA is one of the appropriate things to carry out The pattern in offline case registration, which as usual is face-to-face, because online, the service pattern no longer comes in court, so for his service, for example, he wants to register his case via E-Court, he also pays E-Court, and his summons is also online E-Court, all online, are different from those registered offline because offline ones come to court and are usually asked first, then
paid for later directly at the Barru religious court office The first party accesses the court E-Court link agung go id com, both parties in the court where the litigation is occupied, and the third parties or lawyers upload power of attorney documents stamped and signed, the four parties or lawyers upload case files (lawsuits, power of attorney, and evidence), the five parties to the lawyer make payments according to the E-Court application, the six parties or lawyers get the case number from the lawyer, and the seven parties or lawyers waiting for the call from the bailiff (date)
A registration program called Electronic Court allows consumers to access a cases through website, online interpretations, and call decisions an internet through the E-Court application (Indonesia, 2019) There are two types of issues that can be registered, namely an application and a lawsuit, while the definition of an application is a letter that is intentionally made containing all civil rights claims made by interested parties and discusses cases that do not include disputes and while the meaning of the lawsuit is a letter claim of rights (in civil matters) which contains a conflict and is the fundamental basis for examining cases submitted to the Chairman of the District Court where one party as the plaintiff is to sue
20 Muhammad Najid Aufar, “7 Keuntungan Yang Didapat, Kalau Anda Beracara Secara Elektronik Di Pengadilan”, https://www pa-ngamprah go id/images/artikel/7-Keuntungan-Yang-Didapat-Kalau-Anda-Beracara-Secara- Elektronik-di-Pengadilan pdf
21 Galuh Widitya Qomaro, “Information Technology Integration In Courts: Experience In E-Court Implementation At The Bojonegoro Religious Court”, Proceeding The 1st Annual Conference on Islam, Education, and Humanities (ACIEH), (Jember: LP2M, UIN Kiai Haji Achmad Siddiq, 2022): 111–22 22 Sahira Jati Pratiwi, Steven Steven, and Adinda Destaloka Putri Permatasari, “The Application of E-Court as
an Effort to Modernize the Justice Administration in Indonesia: Challenges & Problems”, Indonesian Journal of Advocacy and Legal Services Vol. 2, No. 1, (March 31, 2020): 39–56, doi: https://doi org/10 15294/
ijals v2i1 37718
the other party as the defendant
E-Court benefits for the community are enormous because people who want to litigate in court can easily and quickly and do not require hefty registration fees The E-Court account application registration process does not use any fees This advantage is a report writing about seven benefits obtained by accessing E-Court 20 According to the Supreme Court Annual Report, in 2020, the number of cases filed through E-Court at the first instance court grew to 259 79% 21 This application will have a positive impact on the Indonesian Judiciary This application limits meetings between litigants and court officials to minimize bribery crimes that are prevalent in courts In addition, using an electronic court can reduce a limitations in the Indonesian court procedure, example as judicial harassment behaviors (Contempt of court) 22
Information technology makes it easier to receive and distribute different types of information Additionally, it contributes to the expansion and improvement of public services, especially the judicial system It is necessary for Indonesia’s judicial system to be flexible enough to adopt new technologies It aims to embellish the service system of the
legal governance effectively and efficiently The existence of this E-Court guided by the judicial power administration tenets of simple, quick, and cheap cost It has had numerous favorable effects on case resolution in Indonesian court23 It is hoped that the deployment of E-Court in judicial institutions will progress and improve Indonesia’s justice system and deliver justice for the Indonesian people 24
This application is intended to assist litigation in court It is expected that e-court programs will speed up court proceedings Because of various phases of civil lawsuits can be sent through electronic technologies E-Court system itself is an added value in litigation in court, considering that problems related to the certainty of trial times, affordability, and integrity of court apparatus and users can be resolved 25
Meanwhile, there are several studies that state complaints about using E-Court The implementation of religious court litigation services electronically or via electronic courts has been suboptimal during the Covid-19 pandemic due to various obstacles namely the lack of information and proper outreach carried
23 Indah Desi Jayani et al , “Urgensi Pembentukan E-Court Sebagai Wujud Peradilan Yang Berkembang”, Lontar Merah Vol. 3, No. 1, (2020): 281–90
24 Khotib Iqbal Hidayat, Aris Priyadi, and Elly Kristiani Purwendah, “Kajian Kritis Terhadap Dualisme Pengadilan Elektronik (E-Court) Dan Konvensional”, Batulis Civil Law Review Vol. 1, No. 1, (October 30, 2020): 14–23, doi: https://doi org/10 47268/ballrev v1i1 421 cost, and time efficiency for justice seekers who are able to access IT (Information Technology
25 Rio Satria, “Persidangan Secara Elektronik (E-Litigasi) Di Pengadilan Agama”, https://badilag mahkamahagung go id/artikel/publikasi/artikel/persidangan-secara-elektronik-e-litigasi-di-pengadilan-agama-20-8, accessed 12 March 2020
26 Burhanuddin Hamnach et al , “Layanan Perkara Secara Elektronik (E-Court) Saat Pandemi Covid-19 Hubungannya Dengan Asas Kepastian Hukum”, (UIN Sunan Gunung Djati, 2020)
27 Zil Aidi, “Implementasi E-Court Dalam Mewujudkan Penyelesaian Perkara Perdata Yang Efektif Dan Efisien”, Masalah-Masalah Hukum Vol. 49, No. 1, (January 31, 2020): 80, doi: https://doi org/10 14710/
mmh 49 1 2020 80-89
out by related parties 26 Then there are the structural, content-related, and legal-cultural obstacles in the form of electronic procedural services in religious courts Another thing is the lack of legal certainty for those who are or are in litigation E-Court justice issues, that the regulation regarding e-summons violates the provisions in the RBG and HIR, namely in terms of calling the parties 27 Still, conditions like this are understandable because they require a processing establishment of a new procedural law, and a long time ago
Electronic case registration is easier and faster because case registration can be done anywhere, does not require much time, and costs are lighter than direct registration The implementation used in the registration of the first case is online case registration, the second is to get a down-payment interpretation online, the third can make online payments, the fourth can conduct trials online (litigation), the fifth can view calls online, and the sixth can make decisions online
Meanwhile, if the lawyer is proven to have violated the E-Court user, that will be given a sanction by the superior court, where the lawyer is sworn in Obstacles that often arise
when registering are the virtual payment process that often experiences interference on the E-Court server, and getting several cases for users is sometimes slow Electronic calls sometimes need to reach the attorney’s account In contrast, the E-Court user account application has a validity period It will be over when the membership of the advocate organization is over—in electronic justice, all case-related processes are handled through electronic courts and electronic litigation applications Court filings may evolve with the demands 28
Therefore, the application is not only helping for society but also for the government to achieve good performance that is cleaner, more specific, and more traceable29 The courts still need to provide a technology-based judicial administration (E-Court) to community It will service by explaining things and educating them through official websites of state court accounts scattered around Indonesia 30
This is Indonesia’s E-Court began after the enactment of Supreme Court Regulation No 3 of 2018, with implications among justice seekers that reform initiatives are practiced through innovation and efficiency as well as structures and systems This progress also
28 Yusep Mulyana, “Digitalization Of The Court In The Settlement Of Cases”, International Journal of Latin Notary Vol. 1, No. 2, (2021): 36–42
29 Kukuh Santiadi, “Expanding Access To Justice Through E-Court In Indonesia”, Prophetic Law Review Vol. 1, No. 1, (December 2019): 75–89, doi: https://doi org/10 20885/PLR vol1 iss1 art5
30 Vania Shafira Yuniar, Jihan Syahida Sulistyanti, and Dian Latifian, “The Court Role in Providing E-Court System Education to Community: Post-Enactment of Supreme Court Regulation Number 1 of 2019”, UNIFIKASI : Jurnal Ilmu Hukum Vol. 8, No. 1, (2021): 34–42
31 Hary Djatmiko, “Implementasi Peradilan Elektronik (E-Court) Pasca Diundangkannya Perma Nomor 3 Tahun 2018 Tentang Administrasi Perkara Di Pengadilan Secara Elektronik”, Legalita Vol. 1, No. 1, (August 2019): 22–32, doi: https://doi org/10 47637/legalita v1i1 28
32 D Herdiana et al , “Pelatihan Penggunaan Aplikasi E-Court Untuk Paralegal Di Lembaga Bantuan Hukum
‘Unggul”, Abdi Laksana : Jurnal Pengabdian Kepada Masyarakat Vol. 2, No. 2, (2021): 110–115
helps judges examine, decide, and explain cases In society, This is increasingly assisting persons in reducing costs and expediting the procedure Hence, this is a sign that the justice system in Indonesia has entered a new era31 Meanwhile, According Herdiana an excellent LBH can use the application of electronic court to simplify an advocates of justice efforts in a timely, cost-effective, and effective manner 32 In addition, the legal staff working at LBH Unggul can use the latest e-court application in gather the E-Court application, which is in line with modern expectations, people can learn more about the world of information, particularly the field of law
Consider the presence of an electronic court as a system for managing cases for a variety of apps In this case, of course, it simplifies and speeds up the stages of registration and examination in court, so it is very useful in court proceedings mechanisms, especially in civil cases It can be seen that the party filing a claim for rights, in this case, do not need to arrive and wait in line at the court of justice Instead, they can register cases and obtain SKUM online by simply accessing the court justice website Of course, this program reduces procedures andduration,
allowing courts to conduct trials on simpler, faster, and cheaper principles Additionally, and technology administrative system will uphold the judiciary’s accountability and transparency, Meetings with litigants shall be kept to a minimum by court staff in order to avoid any potential criminal activity involving dishonest court staff
Conclusion
Based on the results and discussion above, the authors conclude that since the Covid-19 pandemic, the case registration E-Court has been carried out following PERMA No 1 of 2019 about electronic case registration This PERMA is very appropriate to be carried out, especially in conditions The Covid-19 virus outbreak is increasingly worrying the people of Indonesia
The result of this study is the implementation used in the registration of the first case is online case registration, the second is to get a down-payment interpretation online, the
third can make online payments, the fourth can conduct trials online (litigation), the fifth can view calls online, and the sixth can make decisions online
The use of online registration e-court has been applied in the Barru religious court with four fitures, they are electronic payment, electronic litigation and electronic filing The pattern is different offline, hence the implementation employed a case registration It is face-to-face because online is the pattern of service for the lawyer They register their case online The lawyer does not come again to court, so for his service, for example, they want to register their case Through E-Court, the payment and the summons are also E-Court, so everything is online It’s different from those who register offline because he comes to court and is usually questioned first, then pays for it later directly at the Barru religious court office
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