APPLICATION OF ARTICLE 24 PARAGRAPH 3 OF PERMA NUMBER 7 OF 2022 CONCERNING REMOTE EXAMINATION OF WITNESSES THROUGH AUDIO VISUAL COMMUNICATION MEDIA (CASE STUDY OF TANJUNG PATI CLASS IB RELIGIOUS COURT)

Abstract

This research aims to explain the procedures for carrying out witness examinations remotely via audio-visual communication media based on the Decree of the Director General of Badilag Number 1465 / DJA / HK.05 / SK / IX / 2023 at the Tanjung Pati Class IB Religious Court, as well as explaining the views of the Judge and Registrar Substitute related to the implementation of remote witness examinations via audio-visual communication media at the Tanjung Pati Class IB Religious Court. The results of this research found that the trial judge was of the view that the examination of witnesses remotely could be carried out by considering and observing the presence of the existing witnesses. The purpose of carrying out the examination of witnesses remotely was to apply the principles of simple, fast and low-cost justice, as stated by the substitute registrar present at the hearing. Then the Substitute Judge and Registrar also expressed the view that there were obstacles during its implementation, namely a long administrative process and network problems which could disrupt the implementation of remote witness examinations via audio-visual communication media. Based on the research findings, this study confirms that remote examination of witnesses via audio-visual communication media can actually be carried out by observing the condition of the witnesses' presence.