The extent of the impact of applying litigation procedures by electronic means on the principle of publicity

Litigation by modern electronic means in a world that may be experiencing a huge information revolution, we no longer need to use traditional means of litigation as long as we can replace them with electronic means, but this requires that the publicity of litigation, which is a guarantee for litigants, is not affected by all this development.Electronic litigation may negatively affect the principle of public litigation because the public trial is what gives confidence to litigants towards the judicial authority, as it also allows opponents to confront all papers and discuss, and this is one of the most important points that guarantee the integrity of the issuance of the ruling, and all of this is not achieved in electronic litigation, so it has a negative impact on the loss of confidence in judges and judicial rulings, as they were made in secret and not in the presence of the public and facing opponents.It is necessary in light of the great technological development that we are experiencing to use electronic means in the lawsuit in addition to traditional means because this may save a lot of time, effort and expenses, but these means have no effect on the principle of publicity, as it is one of the established legal principles in the judiciary because it achieves confidence in the souls of litigants towards the judiciary.

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Publication Details

Journal
AL-Qadisiya Journal For Law and Political Sciences
Published
2025-06-01
DOI
https://doi.org/10.63677/jqlap.2025.187831
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
Field-Weighted Citation Impact
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article

The extent of the impact of applying litigation procedures by electronic means on the principle of publicity

Heba Hamid
AL-Qadisiya Journal For Law and Political Sciences
Legal and Policy Analysis in Indonesia
article

The extent of the impact of applying litigation procedures by electronic means on the principle of publicity

Heba Hamid
article en

Abstract

Litigation by modern electronic means in a world that may be experiencing a huge information revolution, we no longer need to use traditional means of litigation as long as we can replace them with electronic means, but this requires that the publicity of litigation, which is a guarantee for litigants, is not affected by all this development.Electronic litigation may negatively affect the principle of public litigation because the public trial is what gives confidence to litigants towards the judicial authority, as it also allows opponents to confront all papers and discuss, and this is one of the most important points that guarantee the integrity of the issuance of the ruling, and all of this is not achieved in electronic litigation, so it has a negative impact on the loss of confidence in judges and judicial rulings, as they were made in secret and not in the presence of the public and facing opponents.It is necessary in light of the great technological development that we are experiencing to use electronic means in the lawsuit in addition to traditional means because this may save a lot of time, effort and expenses, but these means have no effect on the principle of publicity, as it is one of the established legal principles in the judiciary because it achieves confidence in the souls of litigants towards the judiciary.

AL-Qadisiya Journal For Law and Political SciencesVol. 16(Issue: 1 part 2)
University of Al-Qadisiyah (IQ)
Peace, Justice and strong institutions
Openalex Percentile: Top 5%
Legal and Policy Analysis in Indonesia
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