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Edunity
Volume 3 Number 7 July, 2024
p- ISSN 2963-3648- e-ISSN 2964-8653
THE CRIMINAL JUSTICE SYSTEM AND TECHNOLOGY IN THE
DIGITAL AGE
Sandi Yudha Prayoga
Sekolah Tinggi Ilmu Hukum Adhyaksa, indonesia
Email: sandiyudhaprayoga@stih-adhyaksa.ac.id
ABSTRACT
This research utilizes a literature review methodology to examine the legal ramifications of
technological advancements on law enforcement practices in the digital era. The burgeoning digital
landscape has witnessed a surge in technological developments, such as big data analysis, artificial
intelligence, and digital forensics, which have fundamentally reshaped law enforcement operations.
This study delves into the positive and negative legal implications of these technologies within the
justice system. The findings of this research, gleaned from the reviewed literature, suggest that the
application of technology in law enforcement can enhance the efficiency of investigations, facilitate
evidence analysis, and improve detainee monitoring. However, there are concomitant legal concerns
surrounding privacy and data security that necessitate careful consideration. Furthermore, unequal
access to technology and data poses a potential threat to the very concept of equal justice under the
law. This research is intended to equip stakeholders in law enforcement and public policy with a
comprehensive understanding of the legal ramifications associated with technological innovation. By
elucidating these issues, this study also lays the groundwork for future researchers to delve deeper
into these complexities through more rigorous empirical research endeavors.
Keywords: Digital Age, Criminal Justice System, Law Enforcement, Justice System
Introduction
The digital era has brought major changes in various aspects of life, including the legal
system. Technological developments and innovation open up new opportunities in accessing,
analyzing, and processing information in law enforcement. The use of technology is an
important part of law enforcement in the digital era. It has brought many advances, such as:
1. Increasing efficiency and effectiveness: Technology helps speed up the legal process, from
investigation to trial. For example, the use of electronic systems to manage documents, digital
forensic tools to analyze evidence, and online platforms for virtual trials, 2. Increase access to
justice: Technology allows people to access legal information easily and cheaply. For example,
legal websites, legal applications, and online legal consultation services, 3. Increase
transparency and accountability: Technology helps increase the transparency of legal
processes and increase the accountability of law enforcement. For example, live streaming of
trials, online publication of court decisions, and law enforcement performance monitoring
systems (Mansur & Gultom, 2009).
However, on the other hand, rapid technological progress often exceeds the
development of positive law. This raises several challenges, such as Legal uncertainty: The
lack of clear regulations on the use of technology in law enforcement can lead to legal
uncertainty and potential human rights violations. Digital disparities such as Unequal access
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to technology can exacerbate digital disparities and limit access to justice for certain groups
of people, Cyber security The use of technology in law enforcement also poses cyber security
risks, such as data leaks and hacking (Held, 2000).
It is important to ensure that technological developments are in line with developments
in positive law. Continuous efforts are needed from various parties, such as government, law
enforcement, academics, and civil society, to (Raodia, 2019):
a. Create clear and comprehensive regulations regarding the use of technology in law
enforcement.
b. Increasing people's digital literacy.
c. Ensuring the cybersecurity of the legal system.
Research Method
This research was a normative legal study that focused on identifying positive laws,
legal principles, and legal doctrine. It employed a philosophical approach and utilized
secondary data, which are data obtained from literature studies. The secondary data were
categorized into three legal bodies. The first legal body consisted of primary legal sources,
including the 1945 Constitution of The Republic of Indonesia, Law Number 8 of 1981
concerning Criminal Procedure Law, the Criminal Procedure Code, and Law Number 13 of
2006 concerning Witness and Victim Protection. The second legal body comprised secondary
laws, such as books and scientific articles. The third legal body included tertiary laws, which
encompassed materials obtained online. Finally, the research results were analyzed using
qualitative analysis methods.
Result And Discussion
The results of the Indonesian Survey Institute (LSI) survey in 2023 show that the level
of public trust in the National Police has increased (Syarifuddin, Prisgunanto, & Prianggono,
2023). In general, the level of trust in police institutions tends to increase compared to
previous findings, both in citizens' trust in their performance and law enforcement in
particular. The data presented shows that in January 2023, the National Police received 52%
trust. Furthermore, in the February 2023 survey, the National Police received 61% trust
(Famudin, 2023).
This is a source of pride and a challenge in maintaining consistent public trust in the
performance of the National Police in this era of globalization. It is necessary to realize that
society's demands for police performance have now begun to shift in this era of globalization,
the existence and function of the police in society are required to adapt to the needs of the
society concerned (Famudin, 2023).
Complex societies (rural and urban) where traditional institutions are starting to be
neglected, then to regulate social conditions an institution is needed which is called a police
institution, and functions to handle and overcome various social problems that occur in
society, especially security problems (Jaladriyanta, 2020). To realize community satisfaction
to support the emergence of good legal supremacy, the National Police as part of the
government bureaucracy in carrying out its duties must abandon conventional methods
towards creative methods supported by the use of science and technology. The services
provided to the community must be in line with the main duties and functions of the National
Police, namely efficient service and supporting government efforts in development, for this
reason, there is a need to change the quality of service with the Smart Police concept (Ridwan,
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2018). The author defines Smart Police as a concept of effective and efficient police services
that involves science and technology. Therefore, in facing society's expectations for a better
police force, the police organization must continue to be a learning organization to maintain
and improve organizational excellence.
In principle, laws are made to provide services to citizens to create order, security,
prosperity, and a true sense of justice (Likadja, 2015). The urgency of improving the quality of
law enforcement in this era of globalization is non-negotiable. It is in line with the concept of
the Criminal Justice System which is desired by all parties, both from the community and
from legal experts and academics (Wantu, Puluhulawa, Bajrektarevic, Towadi, & Swarianata,
2022).
The criminal justice process is the process of law enforcement against a criminal act
(violation of the law) (Apripari, Swarianata, Puluhulawa, Puluhulawa, & Matte, 2023).
Meanwhile, in the criminal justice process, the state has given duties and authority to law
enforcement officers to carry out criminal law enforcement through several legal regulations,
including Law Number 8 of 1981 concerning Criminal Procedure Law or what is often called
the Criminal Procedure Code and Law Number 13 of 2006 concerning Witness and Victim
Protection. The scope of law enforcement is (RI, 1981):
1. Investigators from a state institution called the Indonesian National Police (POLRI) are
carrying out the investigation.
2. Investigators include assistant investigators from a state institution called the Indonesian
National Police (POLRI) who carry out investigations.
3. Public prosecutor from a state institution called the Prosecutor's Office of the Republic of
Indonesia.
4. Judges and courts from a state institution called the Supreme Court of the Republic of
Indonesia which is tasked with adjudicating cases.
5. Prisoner development officers from state institutions called Correctional Institutions
(LAPAS).
6. Apart from that, there are also law enforcement officers who work as legal advisors,
namely advocates or lawyers who come from advocates' offices or legal aid institutions.
7. LPSK, an institution that protects witnesses and victims.
Looking at points 1 and 2 above, investigation and prosecution are process stages that
are closely related to the criminal justice system. The criminal justice system is another part of
the activities carried out by the justice subsystem as a law enforcement agency in exercising
authority in the law enforcement process to realize legal certainty and respect for human
rights (Hamid, 2023).
The National Police of the Republic of Indonesia, which is nothing more than an
instrument of the state, has the authority in the inquiry and inquiry process, including
currently following the dynamics of technological advances, namely based on electronic
evidence to improve the quality of law enforcement. The momentum is very large, especially
in handling cases related to upholding human rights which are correlated with the protection
of witnesses and victims.
Laws with their unique characteristics of having to be written are a necessity for modern
countries which are increasingly complex and have diverse fields. Written law then makes the
law formal, rigid, inflexible, made by competent authorities and is not related at all to the
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quality of legal certainty and justice. Technology has a significant impact on the accessibility
of justice. Here are some of the impacts of technology on justice accessibility:
1. Equal Access, technology can help expand access to justice for people who live in remote
or hard-to-reach areas. For example, courts may use information technology to enable
broadcast users themselves to navigate the court (via general information on the court's
website)
2. Online Legal Services: Technology can also help speed up and simplify legal services. For
example, bold applications can be used to submit legal requests or to access legal
information.
3. Easier to Find Legal Information: Technology can also help speed up access to legal
information. For example, a court website can provide information about court schedules,
court decisions, and other legal information.
However, the use of technology can also hurt the accessibility of justice. For example,
disruption to the accessibility of technological information is caused by development policy
factors and lack of access to technological information. Additionally, private sector technology
developers may inadvertently compromise the basic protections of the rule of law built into
the justice system. In dealing with the impact of technology on the accessibility of justice,
continued monitoring of the impact of technological change on justice processes will be
essential.
Rapid technological developments in the last few decades have changed the landscape
of human life drastically. One aspect that is significantly impacted is the challenge in
implementation. The use of technology in law enforcement faces several challenges, including
privacy and security issues, increasing technological complexity, and resource sustainability.
Below are some details about each of these challenges.
The increasing use of technology in law enforcement has raised concerns about privacy
and security. In an era where personal data can be easily collected, stored and used,
individuals, governments and organizations need to understand the challenges associated
with protecting privacy. As more personal data is collected and stored, there is a risk that it
will be misused or fall into the wrong hands.
The rise in cybercrime and hacking also makes it difficult to safeguard sensitive
information. Extensive Data Collection One of the main challenges in the digital era is
extensive data collection. With the internet, social networks and connected devices, the
amount of data collected about individuals is increasing. The data may include personal
information such as name, address, telephone number, web browsing history, purchasing
preferences, and so on. This extensive data collection can cause privacy issues because
personal data can be misused or shared without the consent of the individual concerned
(Acquisti & Grossklags, 2005).
Misuse of Data by Third Parties Another challenge is misuse of data by third parties.
Today, many companies collect personal data from their users and use that data for various
purposes, such as ad targeting and consumer analysis. However, there is a risk that the data
could fall into the wrong hands or be used for unintended purposes, such as blackmail or
identity fraud. Misuse of data by third parties is a serious threat to individual privacy (Kolb,
2013).
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Security System Weaknesses Weak security systems also pose a challenge in protecting
privacy. Cyberattacks involving the theft of personal data are increasingly common. Malicious
actors can steal data in a variety of ways, including phishing attacks, malware, and system
hacks. Security system weaknesses can result in personal data being leaked and threaten
individual privacy (Solove, 2010).
As technological complexity increases, as technology advances, things also become
more complex. This can make it difficult for law enforcement agencies to keep up with the
latest developments and use them effectively. The use of encryption and other security
measures can also make it difficult for law enforcement to access information that may be
relevant to an investigation.
According to the Office of Justice Programs report, law enforcement agencies have
implemented a variety of technological advances to improve operational efficiency and
outcomes, especially at a time of reduced resources and increased public attention and
scrutiny of law enforcement activities. However, much remains to be known about the
prevalence and use of technology among law enforcement agencies in this country and the
factors influencing its selection and implementation. One of the main obstacles to executing
technology in security institutions is budget constraints. Municipal governments that allocate
budgets to security agencies to enforce the law must realize that effective solutions cannot be
obtained cheaply, and they cannot be postponed until “someday”.
Digital evidence management issues persist, and with each year that agencies wait to
address these issues, the challenges become greater. The biggest technology challenges facing
law enforcement have nothing to do with infrastructure, storage space, or hardware. It is
related to the leader's mindset. Law enforcement agencies need to have the right technology
to increase their efficiency as resources are limited and more officers are leaving the field or
retiring. We can expect to see institutions more closely scrutinize their mobility and
communications solutions and adopt custom software applications that digitize and automate
traditionally manual processes and improve communications.
Sustainability of resources, the use of technology in law enforcement can be costly, and
there may be limited resources available to invest in new technology or maintain existing
technology. Additionally, the rapid pace of technological change means that investments in
technology will quickly become obsolete or obsolete.
According to an Office of Justice Programs report, budget constraints are one of the top
barriers to technology adoption and a survey of federal IT professionals found that the biggest
challenges to digital transformation efforts were security concerns, time constraints,
workforce skills gaps, too many competing priorities, and inflexible legacy networks.
Overall, the use of technology in law enforcement presents both opportunities and
challenges. While technology can help law enforcement agencies become more effective and
efficient, it also requires careful consideration of privacy and security issues, as well as
continued investment in resources and training to keep up with the latest developments.
Efforts to Overcome Challenges in Applying Technology to Law Enforcement in the
Digital Era Innovations in the justice system to ensure justice include the artificial intelligence
usage, online courts, research and development. Below are some details of each of these
innovations. The Indonesian Supreme Court has developed an AI-based system called Smart
Majlis to help determine the composition of judges for cases at all levels of the justice system.
According to the Chief Justice of the Supreme Court, the use of this artificial intelligence
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system will continue to be developed in the future, including in the courts of first instance and
appeals level, to help the performance of case handling while not ignoring the role of humans
as the main driving subject because it cannot be denied that current progress continues to lead
to on the use of intelligent devices which are significantly capable of providing accuracy and
thoroughness in assisting our duties and work in providing the best service for justice seekers.
The use of AI can help improve the accuracy and efficiency of legal processes, but it is
important to ensure that human judgment and decision-making remain central to the process.
The Constitutional Court has issued MK Regulation Number 18 of 2009 on Guidelines
for Electronic Filing and Remote Hearings (video conference). Remote hearings are conducted
by the court panel, the petitioner and/or respondent, as well as their legal representatives,
witnesses, and/or experts in real-time online using video conferencing technology via
telephone and network connections. It allows all parties to see and speak to each other as if
they were in an offline (in-person) court session.
The adaptation of judicial institutions to the digital era can have several impacts. First,
it has the potential to improve public access to justice by leveraging technology, thus
eliminating barriers of distance and time for those seeking justice. Second, it reduces court
costs. Although there are no case fees for proceedings at the Constitutional Court, in-person
hearings incur travel and accommodation expenses for litigants. Third, it aims to provide
widespread justice to people in all regions.
The Supreme Court of Indonesia is exploring the use of online media/live streaming for
reading cassation and judicial review decisions. The policy is expected to offer transparent
and accountable legal services to justice seekers. By broadcasting the reading of decisions via
live streaming, those seeking justice will no longer need to seek other sources of information
to know the outcome of their cases, thereby minimizing fraud actions in the name of Supreme
Court officials.
The Indonesian Constitutional Court has conducted a workshop on the use of AI, the
Internet of Things, and cybersecurity in the judicial system. According to the Chief Justice, the
use of artificial intelligence will continue to be developed, including in first-instance and
appellate courts, to assist in case handling while maintaining the role of humans as the
primary movers. It is undeniable that technological advancements are increasingly leading
towards the use of smart devices, which significantly improve accuracy and precision in our
tasks to provide the best service for justice seekers. "However, I must reiterate that no matter
how sophisticated our IT devices are, humans will still play the primary role, as IT devices are
merely tools to facilitate our tasks. IT devices can only operate according to the patterns we
set in the system, while humans have the creativity and intelligence to continuously innovate
and make changes," said the former Head of the Supervisory Body.
Continuous research and development can help identify new opportunities for
innovation and improvement in the judicial system. Overall, these innovations have the
potential to enhance the efficiency, accessibility, and fairness of the judicial system. However,
it is important to ensure that these technologies are used in methods that maintain human
rights and the rule of law and do not perpetuate bias or discrimination.
Conclusion
The journal concludes that technological advancements and innovations have a
significant impact on justice in law enforcement in the digital era. Technology enables
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increased efficiency in legal processes, easier access to information, and new tools for
investigation. However, challenges related to privacy, ethics, and unequal access also need to
be addressed.
Therefore, wise efforts are needed to ensure that technology and innovation support,
rather than hinder, the principles of justice in the legal system. The implications of research
on the impact of technology and innovation on justice in modern law enforcement can include
both positive and negative effects. Positive implications may include increased efficiency in
law enforcement, while negative implications may involve potential violations of personal
data privacy and misuse of technology in law enforcement.
By comprehending these implications, the government, legal institutions, and
technology developers can collaborate to design solutions that balance efficiency and justice
in law enforcement in the modern era.
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