Legal Literacy - Stepping on almost 2.5 decades, the Constitutional Court of the Republic of Indonesia stands tall, navigating the long record of the historical traces of the political and legal constitutional system of the Indonesian nation after the closing of the 1998 reform event.
The ideals framed in mid-2003 have shaped the Constitutional Court into an independent and impartial judicial power institution with an ethical role inherent in it as "The Guardian of Constitution" until now.
However, in the midst of its 2-decade age this year, the Constitutional Court is faced with increasingly complex and varied challenges. The acceleration of technological developments and advances in the 21st century has brought a wave of disruption that has impacted every gap in the sectors of national and state life, including the judicial administration ecosystem within the Constitutional Court of the Republic of Indonesia. So that this disruption phenomenon does not only concern transitional changes, but also a transformation process that can qualitatively change the fundamental structure.
Digitalization, Today's Challenges of the Constitutional Court
The transmigration process of conventional interactions into digital form is like a double-edged sword (read: dilemmatic). In addition to the positive impacts obtained, there are also negative sides that must be anticipated. Digital developments cause technological upheavals that affect social life.
To face this turbulence, the Constitutional Court as one of the highest judicial institutions must position itself as part of the target of inevitable change.
Hyper information or a surplus of information channels that are often misleading (hoaxes), slander, propaganda of hatred between groups so that what happens is noise, division and horizontal confrontation in society are a small part of the consequences of digital transformation.
This problem will ultimately only become a tangled thread that is difficult to unravel, especially ahead of the 2024 Election momentum which often brings high tension into social media interactions which further muddy the atmosphere.
Therefore, the Constitutional Court as "The Final Interpreteur of Constitution" must always strive to re-socialize the familiarity of citizens which is starting to fade due to symptoms of hyper fanatism sectarianby distributing literacy evenly in interpreting the values of the constitution in full through an approach based on information openness, accountability and democratic values.
On the other hand, challenges that concern technical, formal and structural matters. In addition to sub-constraints in fulfilling adequate supporting infrastructure, recently the existence of artificial intelligence technology (Artificial Intelligence/AI) has become a new sub-challenge in the era of Next Level Technology for the Constitutional Court.
This is because the unavailability of clear legal foundation arrangements in regulating the existence of AI results in the rate of utilization of the technology not being explored and mastered optimally, especially in developing Legal Technology.
In line with the utilization Artificial Intelligence, in practice, its use still contains controversy and concerns about causing legal implications for violations of human rights such as in the sector of freedom of expression, the right to privacy security, data protection and other interactions that are digitally connected.
Meanwhile, in judicial practice, the implementation of AI needs to be re-examined and viewed wisely in producing a judicial decision through AI assistance so as not to cause alienation of the sense of justice because of pragmatic things.
This is in line with an article published by Unesco entitled: "AI and the Rule of Law: Capacity Building for Judicial Systems", that the use of AI in practice still poses various challenges that must be overcome such as pattern recognition, ethics, biased decisions taken by AI-based algorithms, transparency, and accountability.
Therefore, this anxiety should be anticipated by the Constitutional Court to ensure that the climate of democracy and protection of citizens' constitutional rights is guaranteed amidst unlimited digital resistance.
In the last few years, the Constitutional Court has experienced a transformation and transition of paradigms, structural and work culture. This can be seen from several improvement efforts that have been carried out consistently by mobilizing digital interactions, streamlining workflows and procedures that hinder efficiency without eliminating the constitutional rights of all citizens.
Framing Hope in Digital Power
Responding to this condition, the public expects the Constitutional Court to position itself strategically to innovate in a visionary and adaptive manner in the face of disruptive phenomena while remaining oriented towards the principles of democracy, justice and protection of human rights.
This also includes the transformation of the construction of the legal foundation, the legal structure which includes law enforcement apparatus, adequate infrastructure facilities and infrastructure, and the realization of the quality of community resources that are enlightened on constitutional values.
If these three indicators (structure, substance, culture) are met, then, as stated by Prof. Soerjono Soekanto, the effectiveness of the legal system has been fulfilled.
Meanwhile, in the context of the existence of artificial intelligence technology (Artificial Intelligence) which lately has begun to fill various strategic sectors (education, economy, social, culture and law), the Constitutional Court needs to consider its use wisely, not in order to replace the main role of humans who have an authentic optic regarding justice and human values that are not owned by robotic senses, but rather placing AI as an alternative media to support the implementation of trials as a form of implementation of the principle of fast, simple and low-cost trials.
Therefore, the transformation of interaction carried out by the Constitutional Court should not be carried out in ways that will sacrifice, alienate or even segregate values that are far more essential, namely constitutional rights.
Furthermore, in response to the complexity of the challenges that the Constitutional Court will face in the future, the public hopes that various efforts should be immediately implemented consistently, in sync with the speed of digital technology so that there is no legal vacuum in national and state life so that the rights of the community in obtaining justice are not marginalized due to pragmatic considerations oriented towards the efficiency sector.
In short, in interpreting the phenomenon of technological disruption today, the public hopes that the Constitutional Court of the Republic of Indonesia will continue to operate on its main principle as "The Guardian of Constitution" with the hope that the climate of state administration will run stably from the potential for despotism in the digital era, realizing constitutional supremacy, distributing justice, democratization and protection and respect for human rights which are always guaranteed by the constitution.
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