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| The portrait of Dwi Ratna Indri Hapsari, SH., MH., the Faculty of Law lecturer at the University of Muhammadiyah Malang. (Photo: Istimewa) |
The spread of social media platforms such as Instagram, TikTok, and Twitter is one unavoidable example of technological advancement, which make netizens—internet users—easily access more information, including in the legal fields. Then, the next emerging phenomenon is when netizens, especially in Indonesia, have the privilege to ‘'enforce justice’' by commenting and creating content.
It caught the concern of Dwi Ratna Indri Hapsari, SH., MH., the Faculty of Law lecturer at the University of Muhammadiyah Malang (UMM). As she said, current people can comment on a trending case. It can be feedback or ‘'isturb’'the running legal process, conversely.
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“For instance, when a judge is examining the case of a public figure or someone with a certain, many netizens will (certainly) leave comments on it. The comments can be feedback and hinder the case process,” illustrated Indri.
Albeit many cases have been revealed to be followed up because of netizens' comments, netizens' interference can also impact the judge's decision, as Indri said. Those comments can affect the judge's consideration when investigating a case. Despite it, a judge principally must have independence. Hence, there is judicial power under the Supreme Court.
Continuing her explanation, Indri says that a judge will use their subjectivity when examining a case. It is also influenced by advocates' and netizens' views. Subjectivity can also arise when the judge reviews the case since every region has different habits and customs.
“hat needs to remember in examining and deciding a case, a judge must still prioritize the objectives of the law: justice, benefit, and legal certainty,” added Indri.
Additionally, netizens' comments on existing cases are not the challenges of the legal world. Conversely, if seen from another side, netizens can control current cases.
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“f reviewed from the theory and principles when a verdict from the court is issued, there are actually other legal remedies that can be taken. In procedural criminal cases, for example, legal remedies such as appeal or cassation if you are unsatisfied with the judge's decision. Unfortunately, netizens' comments cannot yet become a legal remedy.
In her view, social media can be a forum for people who feel that existing decisions corrupt justice. Therefore, those inputs can be considered by judges to decide cases. (imh/dev/wil)
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