Effectiveness of the Parties-Written-Approval Requirement for Conducting Electronic Litigation through the E-Court System in Indonesia

OpenAlex · İngilizce

Technology is highly influential in the evolution of legal services. The system of judicial proceedings, ever developing to keep up with the current changes, has shifted from the previous system in which proceedings were carried out conventionally to a computerized one, and has continued to develop into the more efficient and effective e-Court system. The development of this method is not always properly followed and applied by its users due to several factors such as the users’ limited knowledge, limited technological facilities in their area, and the method being considered to be detrimental to any side of the parties. The research questions investigated in this study are: (i) what are the advantages of the concept of electronic litigation administration compared to conventional litigation in Indonesia? (ii) What is the effectiveness of the parties’-written-approval requirement for conducting electronic litigation di Indonesia? This study employs the normative legal research method. A normative legal research is guided by the characteristics of the object of the research, yet remains limited by the expected outcome of the norms initially established. The approaches used in this study are (1) the analytical and conceptual approach and (2) the statutory approach. The theories applied in investigating the problems in this research are the effectiveness theory and economic-legal theory. Through this study, the advantages of the electronic litigation in comparison to conventional litigation can be identified, and the effectiveness of the parties’-written-approval requirement for conducting litigation electronically in Indonesia can be determined.