The Effectiveness of Online Examination During the Covid-19 Pandemic on Law Enforcement in Subdit II of Dittipidum of Bareskrim Polri (Case Study on Decision Number: 935/PID.B/2020/PN BDG)

Abstract

The objectives of the present study were 1) to find and analyze obstacles when conducting online examination of witnesses and suspects, 2) to analyze and offer efforts so that the results of online examination of witnesses and suspects can become evidence that has binding power throughout the criminal justice process. This was qualitative study that combines normative and empirical study. The study was conducted at the Sub-Direktorat II of Dittipidum of Bareskrim Polri. The analysis was based on the applicable laws and regulations and was relevant to the legal issues that were the focus of the research. The results of this study maintained fair legal certainty which was an important thing during the current Covid-19 pandemic. Online examination had not been regulated in the Criminal Procedure Code, so that the minutes of online examinations were expected to be valid evidence in court and had binding evidence. Based on the results of the study, it was concluded that the existing laws and regulations were not sufficient to support the law enforcement process during the COVID-19 pandemic as expected due to a legal vacuum and technical regulations.