Modernization and Acceleration of Case Standard Handling and Reviewing on Indonesia Supreme Court

By Machmudin, Dudu Duswara | Journal of Legal, Ethical and Regulatory Issues, January 1, 2018 | Go to article overview

Modernization and Acceleration of Case Standard Handling and Reviewing on Indonesia Supreme Court


Machmudin, Dudu Duswara, Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

The implementation of Indonesian judiciary is based on a simple, quick, and low-cost principle. The principle, especially the quicker principle of the judicial, is the universal principle shared by all courts of the world. The universality of this principle is seen from the adagio of justice delayed is justice denied born first century BC and constantly referred to by worldly figures. This adage means that the slow process of demining equals not giving justice to the parties, and born inductively from public expectations of fast handling of the case so as to immediately provide justice, certainty, and expediency. In line with the principles set forth in Article 2 Paragraph (4) of the Judicial Power Law (2009) the International Consortium for Court Excellence (ICCE) states that

"Judicial administration should be conducted effectively and efficiently. International Framework for Court Excellence which is the guideline compiled by the ICCE affirms that effective and efficient justice is an indicator of a court excellence "

This in implementation is strongly influenced by various factors including court support facilities including information technology. The Judicial Power Law basically outlines a requirement that in the judicial process, the court should assist the justice-in a fair and correct way and trying to overcome obstacles and barriers to be able the achievement of a simple, quick and light trial. The provision is implemented by running an effective and efficient case management system.

The Supreme Court of the Republic of Indonesia (2007) in the Blueprint of the Judicial Update 2010-2035 makes the modernization of case management an agenda judicial reform to achieve the vision of the great Indonesian judiciary (court excellence). Based on the Presidential Instruction No. 3 of 2003 on National Policy and Strategy of e-Government Development, the modernization of case management is closely related to the update of information technology which is one of the renewal domains of support functions (Government of Republic of Indonesia, 2003). Utilization of information technology in case management is believed to help improve the efficiency and effectiveness of court business processes (Budiharseno, 2017). Mahmood and Mann (1993), Barua, Kriebel & Mukhopadhyay (1995), Brynjolfsson and Hitt (1996), Mitra and Chaya (1996), Rai, Patnayakuni & Seth (2006), Rahmawati (2008) provides empirical evidence that investment in information technology contributes to the performance and productivity of an organization. Implementation of information technology can provide various advantages of speed, consistency, precision, and reliability (Sutarman, 2009). This is in line with the simple, quick and low cost principle of justice.

Although the principle of rapid justice is a universal principle but the problem of slow handling of cases is an issue that all judicial organizations around the world face. This was stated by Dory Reiling (2009) in

"Technology for Justice: How Information Technology Can Support Judicial Reform"

Reiling (2009) said that

"There are three issues most often complained to the judiciary, namely: the slow handling of the case (delay), difficult access (access), and the integrity of the apparatus"

The three judicial issues revealed by Reiling (2009) became an issue experienced by the Supreme Court. Therefore, at a meeting between the Bureaucratic Reform institutions on June 28, 2007, the Chief Justice responded to these three issues by making them a priority for bureaucratic reform in the Supreme Court: erasing arrears, transparency judicial and training code of ethics and judge behaviour.

PORTRAITURE OF HANDLING ARTICLES 2004-2014

There are some indicators indicating that the delay in handling the matter (delay) is a serious matter for the Supreme Court is the high number of cases left by the end of2004-2007. In this period the number of remaining Supreme Court cases remains above 50 percent of the burden of the item. …

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