Transformasi digital dalam sistem pengadilan konstitusional

Analisis perbandingan implementasi di indonesia dan negara-negara ASEAN

Abstract

This study explores the implementation of digital transformation in the constitutional justice system in Indonesia and other ASEAN countries. In the era of the Fourth Industrial Revolution, digital transformation has become an urgent necessity for judicial institutions, including the Constitutional Court as the guardian of the Constitution. The study employs normative juridical and comparative methods to analyze: (1) the legal framework supporting the digital transformation of the Constitutional Court; (2) the extent of digital implementation in constitutional court procedures; and (3) the challenges and obstacles encountered in the transformation process. The findings reveal significant differences in the implementation of digital transformation in Indonesia, Singapore, Malaysia, Thailand, and the Philippines. The Constitutional Courts of Indonesia and Singapore have made substantial progress in utilizing electronic trial technology and enhancing judicial accessibility, while other ASEAN countries remain in the early stages of development. The study also identifies common barriers such as limited infrastructure, inadequate regulatory frameworks, and cultural resistance to change. At the regional level, disparities in technical capacity pose a major challenge to the harmonization of constitutional justice systems. Indonesia’s experience demonstrates that transitioning toward a digital judiciary requires a comprehensive approach, including capacity building for human resources and adjustments to legal procedures. Digital transformation has proven to improve transparency and access to justice, but it also brings new challenges related to data security and the confidentiality of court information. Cyber vulnerabilities and potential privacy violations represent significant concerns.