An Application of Open to Public Principles in Electronic Trial Through E-Litigation

Abstract

One of the principles of a court hearing is that it is open to the public. It means that everyone has the right to attend and know it as a form of community control over the trial process, unless otherwise determined by law, the trial is conducted in private. However, with the implementation of the case investigation through electronic or commonly referred to as e-Litigation, the community feels that it limited their right to know the course of the trial process as a form of social control. The research method used was normative juridical research that was research conducted by examining library materials which include primary legal materials sourced from various laws and regulations and secondary legal materials in the form of explanations used to analyze primary legal materials in the form of expert views, academics, practitioners or judges through interviews, document searches, books and scientific papers. Then, the legal material was identified and analyzed to achieve the objectives of this research. The results of the research showed that the settlement of the case through an electronic trial had not yet fully fulfilled the principle of a trial open to the public because in the process of answering it was only known by the parties who had litigated. It is hoped that this research can provide input for judicial institutions to improve electronic trial devices so that they can be more beneficial to the community.