TELECONFERENCE DALAM PEMERIKSAAN PERKARA PIDANA DI PENGADILAN

Abstract

Court trial by using teleconference has not been regulated in Act Number 8 of 1981 concerning the Code of Criminal Procedure (KUHAP). it is only regulated implicitly in Act as lex specialis regulating the development of evidence instruments, while the explicit regulation on teleconference can be found in judge-made law, namely the Supreme Court’s Verdict No. 112 PK/Pid/2006. Therefore, it is deemed necessary to amend the Code of Criminal Procedure (KUHAP) related with the use of teleconference in criminal casse trial at the court. If it is so difficult to amend the Code (KUHAP) at least it can ve made in a from of Act or Court Verdict. The utilization of teleconference in criminal case trial at the court is in conformity with the principle of quick, simple, and low coast trial and the principle of the trial with the presence of the accused (defendant). Basically, te use of teleconference in criminal case trial at the court is the same as the common trial in general which is conducted directly, orally, and transparently in order seek and find material justice. it is true that the legal principleis the basis for the formation of the articles in Code of Criminal Procedure (KUHAP), but if they are not in line with the living values in the society it is quite reasonable that such rules are excepted.