The Implementation of E-Court in Administrative Court to Develop Access to Justice in Indonesia

Journal of Environmental Treatment Techniques

2021, Volume 9, Issue 1, Pages: 105-109

J. Environ. Treat. Tech.

ISSN: 2309-1185

Journal web link: http://www.jett.dormaj.com

https://doi.org/10.47277/JETT/9(1)109

The Implementation of E-Court in Administrative

Court to Develop Access to Justice in Indonesia

Aju Putrijanti , Kadek Cahya Susila Wibawa

Diponegoro University, Semarang, Indonesia

Received: 19/08/2020

Accepted: 19/10/2020

Published: 20/03/2021

Abstract

Administrative Court has an absolute competence to settle administrative disputes. Sustainable Development Goals is a program

conducted by United Nations with seventeen goals and the aims is no one left behind. The difficulty to get access to justice is one issue of

SDG’s. This is normative legal research and research data used are secondary data, and data will be analyzed using descriptive analysis.

Research questions are how the role of administrative court in e-court is, and how access to justice from is administrative court perspectives.

Development of technology gives benefits also in litigation process, and judiciary systems in Indonesia have implement the use of technology

into regulations. Judiciary system developed the e-court with aims to increase the public service of judiciary system. Implementation of e-

court for Administrative Court cannot fully electronically, since there are two processes which cannot implement using the technologies. The

absolute competence of Administrative Court become broaden, after Law Number 30 Year 2014 of Governance Administration stipulated,

which gives access to justice become easier for people to protect their rights. The novelty is Administrative Court using hybrid system

between the conventional and modern system, since dismissal process and preparatory examination should be done before enters the court

room. The shifting paradigm of administrative law gives more access to justice for justice seeker, because it gives more competence to

Administrative Court.

Keywords: Administrative Court, E-court, Access to Justice

in 2030. The 17 goals are: no poverty, zero hunger, good health

Introduction

and wellbeing, quality education, gender quality, clean water and

sanitation, affordable and clean energy, decent work and

economic growth, industry innovation and infrastructure, reduced

inequalities, sustainable cities and communities, responsible

consumption and production, climate action, life below zero, life

on land, access to justice and strong institutions, partnership for

the goals. Quoted from SDG’s Indonesia, that 17 goals are

classified into 4 (four) pillars i.e. economy, social development,

environment, law and good governance. Access to justice is a

classic issue, also in Indonesia, this caused by some reasons,

namely lack of education, economy, transportation and culture,

then it’s become a circle of unsolved problems, for period of times

Supreme Court as the highest Court for 4 (four) judicial

bodies, had been tried to make a blue print of Supreme Court

Reformation, and one of the aims is to make modern judiciary.

Refer to this, and related with SDG’s access to justice and strong

institutions, the Supreme Court has developed e-court for

judiciary system and this program has been stipulated in Supreme

Court Regulation Number 1 Year 2019 of Case Administration

and Court Electronically, besides they also develop and

implement Case Information System in every judicial body. This

is an innovation because public can easily know the process for

cases, without any difficulties to get the newest information; it is

transparency and modernization for government in order to

Indonesia is State Law based on Article Number 1 paragraph

of Constitution of 1945, this emphasized that government’s

action in public or private matter due to implementation, should

be based on regulations. As state law, Indonesia has its own

characteristic which can be seen from philosophy, nature of

sovereignty, state organization, and human rights. The historical

background shows there is shifting implementation of state law,

it’s become democracy state law not absolute state law, which

require the role of public and human rights protection, and public

as subject to make policy [1]. This make consequences that

government has to guarantee to protection of human rights, while

people can make lawsuit against government to Administrative

Court (hereinafter is Court) [2]. The supervision to executive can

be done by Court for external supervision besides internal

supervision. Supreme Court is the highest level in judiciary

system for general court, religious court, military court and

administrative court, and Constitution Court with absolute

competence regarding the constitutional review.

In June 1992 at Rio de Janeiro United Nations started on Earth

Summit about plan action to build global partnership for

sustainable development to improve human lives and protect the

environment, and has transform and develop the Sustainable

Development Goals, and put 17 goals to implement and achieve

Corresponding author: Aju Putrijanti, Diponegoro University, Semarang, Indonesia. E-mail: Corresponding Author:

ajupatrijanti.undip@yahoo.com

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Journal of Environmental Treatment Techniques

2021, Volume 9, Issue 1, Pages: 105-109

implement the principle of good governance [3].

The data will be analyzed in qualitative method with descriptive

analysis.

Court is a judiciary body under Supreme Court of Indonesia,

which has absolute competence to investigate, decide settle the

administrative dispute between individual and or legal entity

against government, and demand to cancel the government’s

decree. Court was established by Law Number 5 Year 1986 of

Administrative Court and had been twice amendments, followed

the amendments of Constitution of 1945 regarding the judiciary

system. Court has an important role in law enforcement of

administrative law, protect the civil rights, and keep the balance

condition between public and government while they have to

implement the regulations to arrange the State.

Regarding the goals of SDG’s and reformation of judiciary

system, Court has implemented the e-court based on regulations.

This study aims to investigate the implementation of e-court in

administrative court to develop access to justice in Indonesia.

More specifically, it puts emphasis on the absolute competence of

Administrative Court after Law Number 30 Year 2014 of

Governance Administration was stipulated. The purpose of his

study is to explore the extent to which the access to justice become

easier for people to protect their rights by highlighting the role of

Administrative Court in using hybrid system between the

conventional and modern system.

Results

Refer to theory of system of law by L. Friedman, it is

consisting of legal culture, legal substance and legal structure [7].

The use of IT for court process is brand new for public, it is

relating with legal culture in system of law. There are 2 (two)

concepts of court, first the real court it means with building and

infrastructures, but paperless. Second is the virtual court, there is

no court building, but judges, parties, lawyers and witnesses can

have meeting and investigate, using the IT facility, including the

digital signature and documents checking. In India it was first

established in New Delhi, but in U.K. they are using hybrid type

between paperless court and virtual court [8]. The readiness of

society to accept, implement and use of IT is important to achieve

the aims. E-litigation in Singapore Judicial Institutions, there are

some issues arise, i.e. about the budget to improve the quality of

e-litigation, lack of human resources, security and authentication,

and modernization of judicial institutions in Indonesia will

succeed based on simple, speedy and low-cost process [9].

Legal structure is about the institutions, court administration,

infrastructures, and judges to improve their competence. Court

should be openness, transparency, accountable as part of

principles of good governance. Public wants to know easily and

fast the process starting when they submit the lawsuit until the

execution of judge verdict, including the cost. Legal substance

refers to the regulations of e-court and Court, there should be

compatibility between related regulations. If there is legal gap, it

will become problems for public, whereas they are the subject to

judiciary system.

Supreme Court has applied the modern information

technology (IT) as implementation of Law Number 48 Year 2009

of Judiciary System, aims to improve efficiency and affectivity of

dispute settlement by reduce the case arrears, but there is no

decrease in number significant during the time 1986 until 2007,

implementation of IT not been used maximized to improve the

court’s performance, because IT used only to register the cases

[10]. Based on the above research, Supreme Court trying to

improve and maximize the use of IT and application e-court for

general court, religious court, military court and administrative

court. Supreme Court Number 3 Year 2018 of Electronic Case

Administration was the first regulation about use of IT but only

for case administration. Improvement has made in Supreme Court

Regulation Number 1 Year 2019 of Case Administration and

Court Electronically which added the court electronically and

some important points related.

Method

This study is a qualitative study with the aim of analyzing and

investigating the hybrid system between the conventional and

modern system and the absolute competence of Administrative

Court after Law Number 30 Year 2014 of Governance

Administration. Qualitative research is research that intends to

understand the phenomena experienced by research subjects such

as behavior, perception, motivation, action, etc. in a holistic

manner, and by means of description in the form of words and

language, in a specific natural context and by making use of

various natural methods [4]. This is a normative research, which

use conceptual, statute and comparative approach. The normative

method is in this study the normative method is used to analyze

the Administrative Court after Law Number 30 Year 2014 of

Governance Administration. The conceptual model is

representation of a system composed of a composition of concepts

that are used to help know, understand, or simulate a particular

subject. A conceptual approach is a type of approach in legal

research that provides an analysis point of view of problem

solving in legal research seen from the aspects of the legal

concepts behind it, or can even be seen from the values contained

in normalizing a regulation in relation to the concepts the concept

used [5].

As for comparative research, it is a kind of descriptive

research that seeks to find answers fundamentally about cause and

effect, by analyzing the factors that cause the occurrence or

appearance of a particular phenomenon [6]. In this study,

conceptual methods were used to explore hybrid systems in the

Administrative Court after Law Number 30 Year 2014 of

Governance Administration, whereas the comparative method is

used to assess conventional and modern systems in hybrid

systems in the Administrative Court after Law Number 30 Year

In the explanation of Supreme Court Regulation Number 1

Year 2019 of Case Administration and Court Electronically,

stated that this is based on Article Number 2 of Law Number 48

Year 2009 of Judiciary System and to renew the previous

Supreme Court Regulation Number 3 Year 2018 of Court

Administration. This Supreme Court Regulation Number 1 Year

2019 of Case Administration and Court Electronically, aims to

simplify the process of lawsuit, reduce cost of proceed, become

easy to access to justice.

014 of Governance Administration. The primary data are related

In Supreme Court Regulation Number 1 Year 2019 of Case

Administration and Court Electronically implement in general

court (private law), religious court, administrative court and

military court. E-court process starts from e-filling, where the

regulations in the Administrative Court after Law Number 30

Year 2014 of Governance Administration, and the secondary data

are journals, research results related to the Administrative Court

after Law Number 30 Year 2014 of Governance Administration.

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Journal of Environmental Treatment Techniques

2021, Volume 9, Issue 1, Pages: 105-109

requirements for each user. The next process is e-payment to pay

the advance money, e-summons is information to all parties, and

the last is e-litigation is the online litigation.

means that the process refers to Law Number 5 Year 1986 of

Administrative Court and its amendments.

Article 15 of Supreme Court Regulation Number 1 Year 2019

of Case Administration and Court Electronically stated that

information to all parties given electronically based on their

agreement and defendant’s approval not required for Court and

emphasized in Article 20. Before the electronically court begin,

judge should give information to parties about their rights and

duties during the court. The judge will give court calendar to

parties through Court Information System, all the supported

documents must be given to judge at exact time as scheduled, then

judge will give those documents to other parties, when parties

does not give the documents without any legal reason, it is

considered that they do not use their rights properly. The third

party may join the court by make plea of intervention letter and

commit to follow the court electronically, but when they refuse,

then judge will not accept the plea.

Discussion

Access to justice is rights to everyone have their voice to be

heard, rights to vote, rights to be treated non-discrimination

against race, religion, nation, equal rights. There are many

opinions about the meaning of access to justice, depends on the

point of view, but still some common understanding about access

to justice. UN has program to help, assist the country which has

difficulties to eliminate, decrease the factors caused obstruction

to access to justice. Access to justice is about good life, it’s about

accessing equality, education, food, security, good laws,

courtroom, judges, etc. it’s about ultimately the point, besides

understanding, education, prevention to accessible and effective

justice [12]. The problems related to courtroom and infrastructure

looks is the primary obstacle, the legal system should be well

informed to parties and lawyers.

Evidentiary process follows procedural law for each court, it

is clearly understood that there is different procedural law also for

rules of evidence. If parties agree for evidentiary process using

the teleconference or any kind of audio-visual communication

types that makes possible for everyone to see and follow the

process. The use of written documents starts in Article 22,

included letter of evidence electronically. In the regular court

process, the evidentiary process is important, because judges and

parties will check the originality of documents, asking questions

to witnesses. If parties do not agree to have evidentiary process

using audio visual communication or teleconference, then it can

be done using regular or conventional process, the judges, parties

and witnesses will come physically to the court room. It shows

that Supreme Court follows the development of information

technology and adopt into the court electronically, certainly

follows with regulations that is allow using regular or

conventional process, in order to give access to justice more easily

to whomsoever needs.

Based on Law Number 5 Year 1986 of Administrative Court,

there are 2 (two) process as particular process in Court before

enter the court room, i.e. Dismissal Process (vide Article 62) and

Preparatory Examination (vide Article 63). In Supreme Court

Regulation Number 1 Year 2019 of Case Administration and

Court Electronically there is no regulations for the particular

process and it is not possible to erase those process. However, the

principle lex specialis derogat legi generali is implementing due

to this regulations, Act Number 5 Year 1986 of Administrative

Court override the Supreme Court Regulation Number 1 Year

Discrimination and inequality of gender, is annoying and

injuring the human rights, disability for those with low income to

get the legal aid also barrier to access to justice [13]. It is also

challenge to provide regulations for gender, disability and low

income to get their rights properly. Principle of no discrimination

should be upholding, for disability, government should prepare a

specific tool to make lawsuit or any kind relates with judicial

process, so does for gender, there should be a friendly regulation.

Lawyers needs to conceptualizing access to justice, to explore and

to expand visions of the role’s lawyers, cooperation with other

disciplines to achieve equal access to justice [14]. In the U.S. they

have used the modern information technology to increase the

legal-aid services. Access to justice and legal information has

grown highly, especially for low-income person. Statewide

broaden their legal-aid, where providers cooperate with legal

advisors’ organization to give assistance of their legal problems.

Even though government has made collaboration with providers,

legal professional organizations, there is still difficult to reach the

low-income people. Technology also helps disabilities to fulfill

their rights, meaning access to courtroom and legal-aid [15].

The report made by Organization for Economic Cooperation

and Development [16] gives information about new technology

may revolutionize legal services for next decades, some countries

put judicial services via