Fulfillment of Defendant's Rights in PERMA Number 4 of 2020 reviewed from the Principle of Due Process of Law

Abstract

The purpose of this study is to find out and analyze the defendant's rights and the obstacles to their fulfillment through the principle of due process of law. The defendant's rights are contained in Supreme Court Regulation Number 4 of 2020 concerning Administration and Trial of Criminal Cases in Courts Electronically. It was considered that during the Covid-19 pandemic, the trial was conducted electronically due to the emergence of public social restrictions. This research was conducted using the juridical-normative method by examining library materials and secondary data through a previous study of laws and regulations, books, and research results. The deviations of the fulfillment of the defendant's rights in the electronic trial from those previously contained in the Criminal Procedure Code occur because of the limited scope regulated by Supreme Court Regulation 4/2020 that concerning electronic trials, so it is considered difficult to implement the defendant's rights in practice fully. Non-optimal fulfillment of the defendant's rights indicates that the due process of law principle cannot be applied in electronic trials, so it is necessary to update regulations regarding electronic trials in Indonesia to optimize the to optimize the development of national law that considered the perspective of justice.