Legal Certainty Toward Achieving the Principles of Effective, Efficient and Low Cost in Settling Religious Court Cases Based on Perma No. 7 of 2022 (Study in Siak District)

Abstract

The E-Court and E-Litigation systems are a form of modernization in the justice system. Coupled with the covid-19 pandemic that multiplied the world, it forced people to change their habits in activities by utilizing technology more. However, the utilization of technology in the judiciary must also pay attention to the rights of the parties and must provide more benefits, especially in the aspects of efficiency, effectiveness and low cost. This research seeks to analyze the implementation of Perma No. 7 of 2022 in Siak Regency in an effective, efficient and low-cost judicial effort in the settlement of Religious Court cases from the perspective of Legal Sociology. This research is an empirical normative legal research. Normative-empirical legal research (applied law research) is legal research on the enactment or implementation of normative legal provisions (codification, laws, or contracts) in action on each specific legal event in society. The implementation in action is an empirical fact and is useful for achieving predetermined goals based on interviews with relevant parties. The result of the research is that the Siak Religious Court has implemented Perma No. 7 of 2022 and used the E-Court and E-Litigation systems so that the facilities and infrastructure of the Siak Religious Court have provided and based on informants from all parties (Plaintiff, Defendant, Advocate, Judge) agreed that the use of this electronic system provides more efficiency and effectiveness and costs less than offline trials. However, there are obstacles faced, namely for parties who live in remote places experiencing internet network interruptions and delays in file validation by officers. To overcome this, the Siak Religious Court provides direct service to the parties and delays or extends the trial time.