On August 21, 2021, Guan Yue from Queen Law Firm accepted an interview with reporter Epo A Ishiyama from Japan Daily News about the Indonesian criminal virtual court.
The virtual court is a measure taken by the Supreme Court of Indonesia in response to the growing COVID-19 pandemic in Indonesia. Guan Yue pointed out that the virtual courts in Indonesia currently only target criminal cases. The difference from an ordinary trial is that the defendant does not need to go to court to participate in the trial in person. Instead, the defendant participates in the trial through a TV screen in a specially arranged room in the prison. Other personnel, including judges, prosecutors, lawyers, witnesses, etc., must still be present in court in person.
During the COVID-19 epidemic, the virtual court can ensure that the defendant does not bring the virus from outside the prison into the prison, and it can also ensure that the trial of the case will not be interrupted due to the epidemic. Because, according to the Indonesian Criminal Procedure Law, the defendant cannot be more than 400 days in custody until the final judgment. If the final judgment is not made after the deadline, the defendant must be released.
Of course, Guan Yue also pointed out that virtual courts will reduce the quality of defense. Bypassing, the judge cannot really feel the defendant’s remorse, which will also affect the final judgment. Because the judgments made in trials conducted through ordinary courts are often lighter than those made in trials conducted through virtual courts. Moreover, due to network reasons, it will be difficult for the defendant to communicate with the parties to the trial, especially for foreign defendants. At the same time, with regard to the execution of a death sentence through a virtual court, Guan Yue believes that this is not a humane practice.
There are two sides to everything. Guan Yue believes that during the epidemic, for the safety of most people, it is indeed a better way to use virtual courts to try criminal cases.