CD Tesis
Persamaan Hak Terdakwa Dalam Pelaksanaan Persidangan Dimas Pandemi Dikaitkan Dengan Hak Asasi Manusia Di Indonesia
The birth of the Cooperation Agreement is a form of effort by law
enforcement officials in responding to the problems that occur, where the
government recommends maintaining distance and using masks when doing
activities outside the home. Even though law enforcement officers have innovated
in enforcing the law by making Cooperation Agreements in conducting online
trials, of course there will still be a presence on the contra side of conducting
trials via teleconference. The legal advisor who always objected to the online
trial, where he felt he would be disadvantaged because he could not accompany
the client all out in the trial because the client and the legal advisor were
separated in the conduct of the trial, as for if allowed to accompany then of
course there are limitations. In trials conducted through teleconferences, there
are often differences in the treatment of courts during a pandemic, this is what the
author is researching regarding the rights of the accused. The formulation of the
problem is how the equality of the defendant's rights in conducting trials during a
pandemic is related to human rights in Indonesia, how is the ideal arrangement
for conducting trials during a pandemic related to human rights in Indonesia.
This type of research can be classified as normative legal research by using the
criteria of legal principles. Sources of data used, namely: primary legal materials,
secondary legal materials and tertiary legal materials. The data collection
technique is literature study. Data analysis was carried out qualitatively, namely
the data obtained not by using statistics or mathematics or the like. The results of
the research on the implementation of the trial by teleconference that there is still
a weakness in the conduct of the trial by teleconference which makes the rights of
the accused are judged to be unequal because by regulation there are weaknesses,
plus in the legal facts a political role plays a role in the conduct of the trial. The
ideal arrangement for conducting trials during a pandemic related to human
rights in Indonesia is that all law enforcement agencies are fully prepared with
adequate facilities to conduct trials via teleconference. There are many
weaknesses in the teleconference trial due to the unpreparedness of law
enforcement agencies in preparing for the needs of carrying out the trial process.
Cooperation Agreement Regulation Number 402/DJU/HM.01.1/4/2020, Number
KEP.17/E/Ejp/4/2020 and Number Pas-06.HH.05.05 Year 2020 concerning the
Implementation of Trials Through Teleconference the implementation must be
clearly regulated, and implementation is carried out with adequate preparation so
that it runs smoothly.
Keywords: Equality of Rights; Online Session; Human rights
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