Implementasi tentang pemanggilan dalam penyelesaian kasus perkara E Court menurut Perma no 7 tahun 2022 : Studi kasus pada Pengadilan Agama Garut Kelas 1A

Mumtaz JR, Habib (2024) Implementasi tentang pemanggilan dalam penyelesaian kasus perkara E Court menurut Perma no 7 tahun 2022 : Studi kasus pada Pengadilan Agama Garut Kelas 1A. Masters thesis, Uin Sunan Gunung Djati Bandung.

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Abstract

The Supreme Court continuously improves judicial services through the use of information technology as part of modernization by issuing PERMA Number 7 of 2022 concerning Electronic Administration of Cases and Trials in Court, becoming an early milestone in the realization of modern justice based on information technology in the judiciary in Indonesia. PERMA Number 7 of 2022 is an update and refinement of PERMA Number 3 of 2018 concerning Electronic Administration of Cases in Court and PERMA Number 1 of 2019 concerning Electronic Administration of Cases in Court. Providing clear guidance to bailiffs in carrying out summons and notifications electronically, in addition to this article, it is also hoped that it can clarify the unclear understanding of which areas must be applied for electronic summons and notifications, and which areas cannot be applied for electronic summons and notifications. electronic. This type of research is empirical research with a case study approach, the nature of this research is analytical descriptive, and the object is the decision of the Garut Religious Court regarding the Implementation of E Court Services. Primary data was obtained through interviews with judges and clerks of the Garut Religious Court. According to the rules of jurisprudence, avoidance of harm must be prioritized rather than taking benefit. For this reason, it is necessary to take a middle path, by imposing restrictions. Therefore, there is a policy of electronic-based legal services, in this case E-Court, as a solution which aims to create legal awareness in the community to register marriages at the Office of Religious Affairs and ultimately avoid mafsadah and benefit the family. guaranteed. The results of the research show that the use of E-Court in the Garut Religious Courts was 1285 cases from mid-2023 to 2024, all of which occurred after the enactment of PERMA Law No. 07 of 2022. The legal considerations given by judges in deciding E-litigation cases are generally to maintain individual welfare. from those seeking justice, namely the fulfillment of rights, especially the effectiveness of the services provided. Then based on the view of one of the judges in handling and resolving e-court cases, sometimes there are several obstacles, especially related to the recorded summons that are inappropriate, unclear, do not provide clear information and the recorded summons is delivered to an uninterested party, namely not the parties, people in the same house or the village head or sub-district head, his party does not understand how to use the e-court application and does not do it in a hybrid manner, another obstacle is if the parties do not follow the e-litigation trial agenda that has been determined in the court calendar, then their interests will not be accommodated because the party is considered not to have used their rights so that their rights are forfeited.

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