Normative Gaps in Indonesia's Electronic Civil Court Regulations: Reconstructing Procedural Justice and Access to Justice

Abstract

The development of information technology has transformed Indonesia’s public service system, particularly through the implementation of e-court and e-litigation within the Supreme Court. These innovations aim to improve the efficiency of civil proceedings by reducing time, costs, and administrative burdens. This study evaluates whether Indonesia’s current e-court regulatory framework adequately protects litigants’ procedural rights in electronic civil proceedings from the perspective of procedural justice. A normative juridical approach was employed using statutory and conceptual methods, supported by descriptive-analytical analysis of legal doctrines and regulations. The findings indicate that although the e-court system has enhanced judicial efficiency, the existing legal framework does not adequately protect litigants who face technological barriers or limited access to electronic court services. As a result, essential principles of procedural justice, including equal participation, equal treatment, and transparency, remain insufficiently safeguarded. The study concludes that technological advancement alone is insufficient to achieve procedural justice. Indonesia’s e-court regulations should therefore be strengthened through explicit procedural safeguards, alternative procedures for digitally disadvantaged litigants, and effective legal remedies to ensure the constitutional procedural rights of all court users. These reforms are essential to promoting equitable access and strengthening procedural justice within Indonesia’s electronic civil justice system.