Strengthening Access to Justice in the Era of Network Society Through e-Judiciary: Case Study of Indonesian Constitutional Court

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Abstract

Access to Justice is one of the basic rights of every Indonesian citizen guaranteed and protected by the Constitution (UUD 1945) as stated in Article 28 D paragraph (1) and Article 28 I paragraph (1). In addition, in the era of network society. With the authority and functions inherent in it, the Constitutional Court is one of the important pillars in realizing an advanced, independent and fair Indonesian development as the vision of the National Development in 2005-2025. In this vision, legal development is directed at the realization of a national legal system that is firmly rooted in Pancasila and the Constitution 1945. Theoretically, the study of court and technology in judicial administration is motivated by the phenomenon of public development who demands the existence of an accessible and technology-based public service system, this is the main feature of a network society that carries out communication and social activities in the public through the use of communication technology and information (ICT). To actualize the national strategy in strengthening access to justice, the Constitutional Court set a vision of “Guarding the Upholding of the Constitution through Modern and Reliable Courts” while at the same time sustainably elaborate that vision by creating excellent judicial system based on ICT for all people to reach the court and get justice (access to court and access to justice). There are eight ICT-based judicial services managed by the Constitutional Court in improving judicial services to justice seekers. Learning from the experience of the Constitutional Court in realizing the national development vision in strengthening access to justice and access to the court, the sustainable efforts are needed to support and developing public service innovation especially in judicial system. Because in fact, while at this time the Constitutional Court has been categorized as a good institution in strengthening access to justice by providing ICT base-judicial system, the biggest challenge comes from the internal organization as these conditions occur today in the constitutional court.

Original languageEnglish
Title of host publicationProceedings of the Asia-Pacific Research in Social Sciences and Humanities Universitas Indonesia Conference (APRISH 2019)
DOIs
Publication statusPublished - 2021
EventAsia-Pacific Research in Social Sciences and Humanities Universitas Indonesia Conference (APRISH 2019) - Jakarta, Indonesia
Duration: 13 Aug 201915 Aug 2019

Conference

ConferenceAsia-Pacific Research in Social Sciences and Humanities Universitas Indonesia Conference (APRISH 2019)
Period13/08/1915/08/19

Keywords

  • Judicial System
  • Court and Technology
  • Network Society
  • Constitutional Court

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