RELEVANSI HUKUM PEMBENTUKAN PERMA NO 1 TAHUN 2019 TENTANG PERSIDANGAN SECARA ELEKTRONIK YANG MENGGANTI PASAL 230 KUHAP TENTANG PERSIDANGAN SECARA LANGSUNG

Abstract

This research analyzes the legal relevance of the formation of Supreme Court
Regulation (PERMA) Number 1 of 2019 concerning Case Administration and Trial
Electronically in Court. Prior to the creation of PERMA No. 1 of 2019, traditional court
proceedings (in-person hearings) were conducted, as explained in the Indonesian Code of
Criminal Procedure (KUHAP) Article 230 paragraph 1, which states: “Court hearings
are conducted in the courthouse in the courtroom.” The theoretical framework used to
analyze the issues in this research are theory of legislative regulation formation and the
legal hierarchy theory introduced by Hans Kelsen, which posits that the legal system is a
hierarchical ladder with layered norms. Norms determined by higher legal norms provide
the validity basis for the entire legal framework that constitutes a unity.
Using a normative juridical research method, the findings of this research indicate that
the establishment of PERMA No. 1 of 2019 is not in conflict with the provisions of
Article 230 of the Indonesian Code of Criminal Procedure. This regulation does not
violate the principle of the hierarchy of legislation in Indonesia, considering that PERMA
is subordinate to laws with higher authority. Therefore, PERMA is consistent with the
principle of lex superiori derogat legi inferiori, which stipulates that lower regulations
must not contradict higher regulations. The authority of the Supreme Court to enact
PERMA is a derivative (delegated) authority. Delegation of legislative authority to the
Supreme Court is carried out with the intention of filling legal gaps that cannot always be
addressed by legislation. PERMA Number 1 of 2019 serves as a legal gap filler because
provisions of general and abstract laws still need to be detailed through lower-level
regulations that are concrete and technical.
Keywords: relevance, hierarchy, Supreme Court regulation, Indonesian Code of

Criminal Procedure, trial.