Analisis Hukum Persidangan Perkara Pidana Secara Online dalam Kaitannya dengan Hukum Pembuktian (Studi pada Pengadilan Negeri Poso)

Abstract

ABSTRACT From the point of view of evidence law, online case trials based on the observation results of field investigations as preliminary research show that online criminal case trials seem to be just a form, but detention is actually carried out. In a criminal trial, the judge makes a decision based on evidence. Evidence of a criminal case must be proven at least two valid pieces of evidence together with the judge's conviction that the defendant is guilty of the crime. Meanwhile, in the criminal trial, the defendant’s/legal advisor was unable to verify and identify the evidence submitted by the prosecutor before the trial. If the evidence If you want to make this sound more academic: Whether or not the evidence was used to commit a crime. The defendant and his legal advisor could not check the authenticity of the evidence presented by the public. The problems with this study are how banks manage customer funds, how to invest in customer funds in case of fraud, and how to analyze corruption with MTNs in Court Decision PN. field no. 42 / Pid.Sus-TPK / 2020 / PN.Mdn. This research studies the norms of legal systems, which are used to make decisions. the data used is empirical data supported by secondary data. Sources of data used in legal research are drawn from primary, secondary, and tertiary legal materials. Research methods were used to collect data from studies done in the form of document analysis. This study was done through field study techniques and interviews with five participants. Data analysis was conducted using qualitative methods. conclusions are drawn by inductive reasoning. The results of the study show that: Ideally, the regulation of the online trial process should be handled by both cooperation agreements, institutional circulars, and Regulation of the Supreme Court of the Republic of Indonesia No. In the context of the trial of criminal cases in courts electronically, the proof is very important to maintain so that what is produced from the proof process becomes valid and fulfills the nature of material truth. Obstacles and efforts made by the Poso District Court of Indonesia include obstacles to a legal substance in the form of the principle of an open trial, which the court has tried to override to maintain the health of law enforcement officers, court visitors, and the accused, and technical and human resource barriers as obstacles to the legal structure, which the court has tried to overcome by paying IT personnel, despite the costs incurred by the defendant; Third, law enforcement has an ego-sectoral problem that limits their effectiveness. Evidence in online criminal trials will be able to run well if the implementation continues to uphold the principles of transparency and accountability by minimizing all risks, and especially in the evidentiary process. Keywords : Trial; Criminal Cases; Online; Poso District Court.