Gagasan Penormaan Pengadilan Bergerak untuk Memenuhi Kebutuhan Keadilan bagi Masyarakat Perbatasan

Abstract

The Supreme Court (MA) has adopted the practice of mobile courts since 2009. The implementation of mobile courts in Indonesia is significant to improve the implementation of simple, fast, and low-cost judicial principles in every judicial body under the Supreme Court. This is because Indonesia's geographical area is quite wide and the scope of jurisdiction of a District Court/Religious Court/Administrative Court can cover more than two administrative areas. This study aims to discuss the concept of a mobile court to meet the need for access to justice for border communities. This study's doctrinal legal research method is supported by a normative, conceptual, and comparative approach. The idea of establishing a mobile court was initiated by the anxiety of legal observers in several developing countries regarding the rights of people in rural areas, especially in the border areas, which still lack facilities by the government. The condition of the community in the border area needs to be considered as a form of the state's commitment to guaranteeing human rights. Several factors that affect the slow availability of access to justice for border communities include geography, education, and the economy as of constitutional rights of border communities to obtain justice are often delayed. The results show that currently mobile courts have been implemented in Indonesia through Supreme Court Regulation (PERMA) No. 1 of 2014. However, the regulation of mobile courts in PERMA is not following the problems faced in the implementation of mobile courts in Indonesia. Therefore, all state powers at the executive, legislative and judicial levels need to pay more attention to the normalization and implementation of mobile courts in Indonesia.