THE EFFECTIVENESS OF VERZET LEGAL REMEDIES IN PROTECTING THE DEFENDANT'S RIGHTS AGAINST A VERDICT OF VERSTEK AFTER PERMA NUMBER 7 OF 2022

Abstract

The implementation of the principles of speedy, simple, and low cost justice in civil cases is often hampered by administrative obstacles, especially in the process of summoning the parties. Responding to these problems, the Supreme Court issued Supreme Court Regulation (PERMA) Number 7 Year 2022 as a form of digital transformation of the judiciary, which replaces most conventional processes with an electronic system (e-Court). This research examines the effectiveness of the verzet legal remedy in protecting the defendant's rights against a verdict after the implementation of the PERMA. The focus of the discussion includes changes in the summoning mechanism, its impact on the verstek verdict, and the extent to which the e-Court system is able to contribute to access to justice. Although electronic summons provides efficiency and legal certainty, there are challenges faced by defendants, such as technological limitations, digital literacy, and various other technical obstacles that have the potential to reduce the effectiveness of verzet as an instrument of legal protection. It is important to ensure that the e-Court system is truly inclusive, easily accessible, and accompanied by adequate socialization so that the rights of the defendants are protected fairly and proportionally in the modern judicial process.

Keywords: Verzet; Verstek Decision; Electronic Court System; Access to Justice.