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Effectiveness of e-Litigation in Religious Courts in Indonesia
Agus Suharsono, Nanik Prasetyoningsih

Universitas Muhammadiyah Yogyakarta


Abstract

In order to carry out a simple, fast and low-cost trial, the Supreme Court of the Republic of Indonesia has created an e-court, which includes e-filing, e-payment, e-summons, and the last, e-litigation or electronic trial. The effectiveness of e-litigation in religious courts is lowest compared to district and state administrative courts, and this study analyzes the causes and proposes recommendations for improvement. This socio-legal research uses a legal substance, structural, and cultural approach, using primary and secondary data, after being collected and analyzed using systematic content analysis in a Poly angulation manner. The results showed that the effectiveness of e-litigation in religious courts was influenced: First, aspects of legal structure in the form of unstable internet networks, the number and competence of court employees still needed to be improved, and there was no special division to handle it. Second, the aspect of legal substance in the form of a discrepancy between the procedural law and the regulation with the Supreme Court Rules needs to be regulated in law to have binding legal force. Third, the legal culture aspect is the need for socialization with the public about the benefits and ease of e-litigation for litigants.

Keywords: e-court, the effectiveness of e-litigation, religious courts, Indonesia

Topic: Law

Plain Format | Corresponding Author (Nanik Prasetyoningsih)

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