Constitutional Court in The Perspective of A Democracy State System in The Digital Era

DOI

10.2991/978-2-38476-148-7_8How to use a DOI?

Keywords

digital era; e-court; constitutional right; ICT; democratic state

Abstract

The Constitutional Court, as a judicial institution, was born from the womb of reformation, with the aim of building a culture and court management to produce quality decisions supported by information and communication technology (ICT). As a judicial institution, the Constitutional Court is required to modernize in various aspects. One aspect of judicial modernization is through the development of an E-Court-based judiciary. The development of an E-Court-based judiciary is a positive step in embracing technological advancements. In the context of developing an E-Court-based judiciary, it cannot be separated from various challenges faced. Considering the challenges related to the development of an E-Court-based judiciary, it is deemed necessary to address an interesting issue in this research, namely how the Constitutional Court operates within in the perspective a democratic system in the digital era. This issue is intriguing considering that an E-Court-based judiciary is a new development in the world of justice. Therefore, it is essential to explore how an E-Court-based judiciary can still provide a sense of justice and certainty to society. This research uses a normative juridical method with a post-positivism paradigm. The Constitutional Court operating within a democratic system in the digital era can provide certainty and justice to the public and those seeking justice. The freedom and constitutional rights of citizens are protected by the 1945 Constitution, which means that the state, through its institutions, must not violate these rights. Because the constitutional rights of citizens are fundamental rights that must be protected by the state. As a modern judiciary, the main task of the court, including the Constitutional Court as a constitutional judiciary, is to achieve justice for the parties involved in the litigation. In order to create justice, during the trial process, the Constitutional Court is required to adjudicate quickly, comprehensively, and reach all interested parties. One way to achieve this is through the provision of state-of-the-art information technology-based facilities and supporting equipment for the trial.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Wilma Silalahi
AU  - Eugenia Felicia Natiur Siregar
PY  - 2023
DA  - 2023/12/06
TI  - Constitutional Court in The Perspective of A Democracy State System in The Digital Era
BT  - Proceedings of the International Conference for Democracy and National Resilience (ICDNR 2023)
PB  - Atlantis Press
SP  - 91
EP  - 105
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-148-7_8
DO  - 10.2991/978-2-38476-148-7_8
ID  - Silalahi2023
ER  -