IDEAS home Printed from https://ideas.repec.org/a/prv/pssjpv/468.html

A comparative analysis of offline and online trials in Indonesia's digital legal transformation

Author

Listed:
  • Amin Rais

    (University of Riau)

  • Mardalena Hanifah

    (University of Riau)

Abstract

The digital transformation of Indonesia’s justice system has introduced online trials (e-litigation) as a significant innovation, in response to the limitations of conventional (offline) court proceedings. This study aimed to conduct a normative legal comparison of offline and online trial mechanisms by evaluating their respective advantages and disadvantages across four key dimensions: effectiveness, efficiency, accessibility, and adherence to the principles of procedural law. Using a normative juridical approach, this study draws upon statutory regulations, judicial doctrines, and recent scholarly literature to provide a comprehensive analysis of both trial formats. The findings indicate that offline trials maintain superiority in upholding the principle of openness and facilitating the direct examination of witnesses and defendants, thereby ensuring the authenticity and integrity of courtroom interactions. However, offline models are often constrained by inefficiencies related to costs, scheduling delays, and logistical burdens. Conversely, online trials demonstrate substantial improvements in administrative efficiency, time management, and geographic accessibility, making them particularly valuable during emergencies such as the COVID-19 pandemic. Nonetheless, they pose critical challenges, including technological disruptions, diminished quality of verbal and nonverbal communication, and potential infringements on the principle of transparency. Moreover, the Indonesian Criminal Procedure Code and the Law on Judicial Power emphasize that public access to trials constitutes a core component of judicial legitimacy. Considering these findings, this study underscores the necessity of regulatory refinement and technological enhancement to ensure that online trials uphold the same standards of justice, fairness, and procedural integrity as their offline counterparts do.

Suggested Citation

  • Amin Rais & Mardalena Hanifah, 2025. "A comparative analysis of offline and online trials in Indonesia's digital legal transformation," Priviet Social Sciences Journal, Privietlab Research Center, vol. 5(8), pages 14-26, August.
  • Handle: RePEc:prv:pssjpv:468
    DOI: 10.55942/pssj.v5i8.468
    as

    Download full text from publisher

    File URL: https://journal.privietlab.org/download.php?id=9810
    Download Restriction: no

    File URL: https://libkey.io/10.55942/pssj.v5i8.468?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    More about this item

    Keywords

    ;
    ;
    ;
    ;
    ;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:prv:pssjpv:468. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Mochammad Fahlevi (email available below). General contact details of provider: https://journal.privietlab.org/index.php/PSSJ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.