Author
Prof Jamin Ginting
Organisation/Institution
Universitas Pelita Harapan, Faculty of Law
Country
INDONESIA
Panel
Criminal Law
Title
NO VIRAL NO JUSTICE: THE IMPLEMENTATION OF EQUITABLE DUE PROCESS OF LAW IN THE HANDLING OF CRIMINAL CASES BY LAW ENFORCEMENT AUTHORITIES IN INDONESIA
Abstract
The rapid growth of social media in Indonesia has dramatically influenced public perceptions of justice, giving rise to the phenomenon known as "No Viral, No Justice". This trend reflects a public expectation that legal authorities respond swiftly to cases that capture widespread social media attention. However, this reliance on virality as a catalyst for justice presents challenges to the impartiality and integrity of the judicial process. This paper critically examines how viral cases influence the application of due process of law enforcement agencies, particularly the Indonesian National Police, and the potential compromises to investigative standards that may result from social pressure. Through an in-depth analysis, this study reveals that viral cases often create social pressure that accelerates law enforcement responses, leading to hastened decisions that may sidestep comprehensive investigative procedures. Such responses, while addressing public sentiment, risk undermining the principle of due process of law, which mandates objectivity and adherence to evidence-based procedures free from external influences. By highlighting these risks, this paper underscores the need for a balanced approach that integrates both the Crime Control Model emphasizing efficiency and social order and the Due Process of Law, which prioritizes individual rights and justice based on fair procedures. Additionally, the study explores the importance of implementing humanism in law enforcement practices to bridge the gap between public expectations and legal standards. Furthermore, this paper advocates for Restorative Justice as an alternative approach to address the public’s desire for swift action while respecting due process of law. Restorative Justice, by focusing on reconciliation and rehabilitation, provides a means to resolve disputes in a manner that meets the needs of both the victims and the offenders, thereby reducing the adversarial nature of traditional justice system.
Biography
Professor at Faculty of Law Pelita Harapan University, Indonesia, received Master and Doctor of Law (Dr.) from Pelita Harapan University, teaching and research interests are in the areas of Criminal Law especially in Corruption Crime, Economic Crime and Transnational Crime. Visiting fellow ASLI (Asian Law Institute) Program in National University of Singapore (NUS) Singapore (2009), research title : Legal Aspect of United Nation Against Corruption 2003 (UNCAC 2003) To Support Asset Recovery Effort In Indonesia . Currently as Director of Pelita Harapan University Legal Aids. Member of Indonesian Advocates Association and The author of 4 (four) books, Selected Reading on Corruption in Indonesia: The Decisions of Indonesia Supreme Court (Volume 1-2, 2009) and (Volume 3-4, 2010).
