The Rights of Defendant in the Virtual Court Examination During Covid-19 Pandemic at Banda Aceh District Court

DOI

10.2991/assehr.k.210506.029How to use a DOI?

Keywords

defendant right, virtual trial, covid-19

Abstract

A defendant is a person who is accused of having committed an is included in a criminal act based on the evidence obtained, which results in being examined and tried in court. The examination of criminal cases at all levels of examination is carried out in accordance with the Criminal Procedure Code (KUHAP). KUHAP has given legalization to the accused to defend his interests, especially in the process of examination at court proceedings, because this right is very risky in proving the defendant’s guilt. However, with the outbreak of Corona Virus Disease 2019 (Covid-19) criminal case examinations have begun to be carried out online or virtually. It was feared that the trial was virtually neglected by the defendants’ rights. This article attempts to answer the following questions: (1) Is the virtual court mechanism in line with the prevailing laws and regulations? (2) How was the implementation of the defendant’s rights in a virtual trial during the Covid-19 Pandemic Era? According to the results of the research, the trial mechanism and the law of the procedure are still implemented according to the KUHAP. The trial process was the same as regulated in KUHAP, except that the defendant remained in the Detention Center (Rutan). This is to protect the community in preventing the spread of Covid-19. The rights of the defendant at trial must be maximally fulfilled. No rights of the defendant are neglected because the judge still follows the procedure as regulated in the KUHAP. In implementing the rights of the defendant, it relies fully on the role of the Legal Counsel, because it is the Legal Counsel who will fight for the rights of the defendant in court.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Suhaimi
AU  - Roslaini Ramli
AU  - Enzus Tinianus
PY  - 2021
DA  - 2021/05/08
TI  - The Rights of Defendant in the Virtual Court Examination During Covid-19 Pandemic at Banda Aceh District Court
BT  - Proceedings of the 1st International Conference on Law and Human Rights 2020 (ICLHR 2020)
PB  - Atlantis Press
SP  - 209
EP  - 214
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.210506.029
DO  - 10.2991/assehr.k.210506.029
ID  - 2021
ER  -