ACCESS SEARCH FOR JUSTICE IN THE PANDEMIC OF COVID-19

Access to Justice State Responsibility
The availability of access to seek justice (access to justice) is a manifestation of the values ​​that underlie a democracy, this is a proof of the rule of law as the commander to govern (rule of law) in our country. As we know that equality or equality in accessing justice is a human right, this is the end point of the creation of order, prosperity and a guarantee for legal participation in community life. In achieving justice has two basic objectives of the legal system, the legal system in question is a system where a person can defend his rights and resolve disputes arising under the auspices of the State. To test whether this system runs perfectly, it is necessary to have two indicators as the testing material, first the system can be accessed by everyone, secondly it must be able to produce fulfillment of justice for individuals and society, both of these indicators will reflect that the system has been running effectively.

Between the eighth access and the State has a very close relationship, if access to justice is defined as a right, then the State has an obligation to fulfill that right. So justice for society is a responsibility that must be carried by the State. Of course the homework is very large for the State of Indonesia to meet access to justice for the community as many as 263.9 million inhabitants according to data from the Directorate General of Civil Registration in the Second Quarter 2018 spread across 34 provinces, besides that Indonesia is an archipelagic country based on Ministry data The Indonesian Maritime and Investment Coordinator noted that until December 2019 the number of islands resulting from the validation and verification of Indonesia reached 17,491 islands, stretching from Sabang to Merauke and from the Miangas Island to Rote Island, becoming another obstacle in equitable access to justice for access to justice for Public. However, the State has tried to spread justice in all regions in Indonesia and put more judges and apparatus in every court throughout Indonesia, this is done so that all people can access justice without obstacles.

Efforts to maintain access to justice remain comfortable during the Pandemic COVID-19
At the beginning of March 2020 Covid-19 became epidemic in Indonesia, changing the fabric of people's lives. The arrival of Covid-19 forced all habits to be changed, starting from work habits, study habits, even habits of closeness to God must also change. Pandemic Covid-19 urged the implementation of work from home to all workers both in government agencies and private offices, as well as the same thing experienced in the world of justice, Pandemic Covid-19 has hampered access to seek justice for the community.

On March 23, 2020 the Supreme Court issued a Supreme Court Circular No. 1 of 2020 concerning Guidelines for Implementing Tasks During the Prevention of Spreading Corona Virus Disease 2019 (COVID-19) within the Supreme Court and the Judiciary Bodies Under It (SEMA 1 of 2020) as an effort to continue to provide convenient services to people seeking justice (access to justice) in the pandemic COVID-19. Until now SEMA 1 of 2020 has been changed four times through the Supreme Court Circular No. 2 of 2020 concerning the First Amendment to the Supreme Court Circular No. 1 of 2020 concerning Guidelines for Performing Duties During the Prevention of Corona Virus Disease 2019 (COVID-19) within the Supreme Court and its lower judicial body, the Supreme Court Circular Letter Number 3 Year 2020 concerning the Second Amendment to the Supreme Court Circular Letter Number 1 Year 2020 concerning Guidelines for Performing Duties During the Prevention Period for Corona Virus Disease 2019 (COVID-19) at Environment of the Supreme Court and Judicial Bodies Subordinate, Circular of the Supreme Court Number 4 of 2020 concerning the Third Amendment to the Supreme Court Circular Letter Number 1 of 2020 concerning Guidelines for Performing Duties During the Prevention of Spreading Corona Virus Disease 2019 (COVID-19) in the Environment The Supreme Court and the lower judicial bodies and letters Supreme Court Circular Number 5 Year 2020 concerning the Fourth Amendment to the Supreme Court Circular Letter Number 1 Year 2020 concerning Guidelines for Performing Tasks During the Prevention Period for Corona Virus Disease 2019 (COVID-19) Prevention in the Supreme Court and Underlying Judicial Bodies.

In SEMA 1 of 2020 allows judges and judicial apparatuses to carry out official duties by working from home (WFH. WFH is intended for the implementation of trial administration which in its use utilizes the e-Court application, the implementation of the trial by using the e-Litigation application, coordination, meetings, and other official tasks. Not all judicial apparatuses do work from home, Supreme Court supervisors and Supreme Court officials must ensure that there are at least 2 levels of the highest structural officials in each work unit still carrying out their duties in the office, this aims to prevent unobstructed convenient service from the judiciary . Therefore, an accountable work system arrangement has been made and selectively regulates the implementation of WFH through the presence of attendance, of course with several considerations including: Type of case being handled; Type of work perfomed by employees; Map of the distribution of COVI-19 issued by the central and regional governments; Domicile of employees; Health conditions of judges and judicial apparatus as evidenced by a doctor's statement; The health conditions of the families of judges and judicial apparatus (in the status of people under surveillance, patients under surveillance, suspected / suspected, and confirmed / confirmed contracting COVID-19); Pregnant Women; Mothers who have just given birth or are breastfeeding; Judges and judicial apparatuses who use public transortation to the ofice, especially in Jabodecitabek region, and other regions based on the assessment of superiors or health report results have a high risk of exposure to COVID-19; Time for judges and judicial apparatus to work; Travel History of judges and judicial apparatus abroad in the last 14 calendar days; History history of judges and judicial apparatus abroad in the last 14 calendar days; and Effectiveness of theimplementation of duties and services of work units.

For judges and judicial apparatuses who have a turn to work in the office to provide direct services to the community by complying with the COVID-19 preventive health protocol including maintaining a safe distance (social distancing) and using protective equipment in the form of masks and medical gloves according to local circumstances. . The court work unit is also tasked with preparing a sanitizer to be placed at each entrance to the office and courtroom, and to expand the washing area to be equipped with liquid antiseptic hand washing soap. In addition, the work unit is required to provide a temperature detector, such as an Infrared Thermometer.

Trials during the COVID-19 Pandemic era

SEMA 1 of 2020 regulates changes in the implementation of the trial which must be adjusted to comply with the health protocol preventing CVID-19.
For trials of criminal cases, military crimes, and jinayat still carried out specifically for the defendant who is being detained and detention can not be extended again during the period of preventing the spread of COVI-19, the implementation of cases that still must be tried, then

• Postponement of the trial and limitation of visitors to the hearing are the authority of the judges to determine.
• The panel of judges can limit the number and safe distance between visitors to the hearing (social distancing).
  
• The panel of judges may order the detection of body temperature and prohibit physical contact, such as shaking hands for parties who will be present or present at the hearing.
  
• The panel of judges and parties in the trial can use protective equipment in the form of masks and medical gloves in accordance with the conditions and situation of the trial.
  

Whereas the trial of criminal, military and jinayat cases will continue to be carried out specifically for defendants who are legally detained for reasons of extention to extend the postponement of the trial by a single judge.

Regarding cases that are limited by the time period of the hearing by statutory regulations, the judge can postpone the examination even though it exceeds the time limit for the examination. This postponement must be accompanied by an order to the substitute registrar to record in the Minutes of the Court the extraordinary circumstances based on SEMA 1 of 2020. Meanwhile, justice seekers are encouraged to utilize e-litigation applications for civil, religious and state administrative proceedings. .

Although in a difficult situation the COVID-19 pandemic states still try to provide services for people who seek justice (access to justice), because justice must still be upheld, even though the sky will collapse (fiat Justitia ruat caelum from Lucius Calpurnius Piso Cesoninus -43 BC) and still pay attention to the safety of the community this refers to the principle of Salus Populi Suprema Lex Esto (Community safety is the highest law.