As an expert in the field of law and technology, I have witnessed firsthand the transformative power of digitalization in promoting access to justice for individuals and marginalized communities. In today's world, where poverty, discomfort, language barriers, and limited access to technology hinder people from seeking justice, digital technologies offer innovative solutions to bridge the gap between justice institutions and those in need of redress. During an interactive session at a forum on access to justice for minorities, speakers highlighted the various challenges faced by marginalized communities in seeking justice. Fear and lack of understanding of the judicial process were identified as significant barriers to accessing justice. As the co-founder and executive director of the Indonesian Judicial Research Society, I have seen how these barriers can significantly impact the effectiveness of the judicial system. One of the main challenges faced by litigants is the increasing reliance on technology in legal proceedings.
This can create problems for those who do not own computers or have limited access to the internet. As an expert, I believe that courts should be sensitive to the needs of their community and find ways to make their digital services accessible to all, regardless of their technological capabilities. However, the use of technology in the legal sector is not without its drawbacks. Unregulated legal AI has created a cycle that only benefits wealthy law firms and widens the revenue gap between firms. Larger law firms are better equipped to adopt emerging legal technologies, as they have the necessary capital and funding capacity to do so.
This creates an asymmetry of power between larger firms and smaller ones, who may not have access to advanced AI due to its high cost. But it's not just about automating tasks and increasing efficiency. These technologies also aid in creative and analytical tasks, giving larger law firms an advantage over smaller ones. As a result, they can offer more services to elite individuals, but not necessarily to those who are marginalized and in need of justice. The impact of technology on access to justice is not limited to the legal sector. It also has implications for domestic companies, as automation of administrative tasks can lead to expansion in size and geography.
Smaller companies, on the other hand, are left in a less efficient and self-sufficient position due to their limited organizational resources. In this chapter, we aim to shed light on how virtual procedures can be developed for low-income individuals who are not represented on a daily basis. It is crucial to recognize the need for digitization in managing court files, documents, filing lawsuits, and paying fees. However, as an expert, I believe that a "technology is better than nothing" approach is not enough. The COVID-19 pandemic has highlighted the role of technology in maintaining the continuity of judicial processes. While many have praised the use of digital tools such as Zoom for their convenience and efficiency, we must also consider the impact on low-income individuals and persistent digital divides.
As an expert, I believe that it is essential to identify and understand both the opportunities and risks of technology in promoting justice, human rights, and the rule of law. Professor Simshaw has also pointed out that some prepaid internet service plans do not provide the necessary broadband coverage for emerging legal technology applications. This further exacerbates the digital divide and creates barriers for those who are already marginalized. Moreover, the use of technology in the legal sector has reconfigured the characteristics, possibilities, and barriers present in the civil justice system. It has also had an impact on the psychology of judges, lawyers, and unrepresented individuals. As an expert, I have seen how these new technologies have changed the meaning of the judicial function and the status of unrepresented individuals. The rising cost of lawyers and the increasing complexity of the law have effectively excluded more people from accessing justice every year.
The digital transformation of justice systems is not just a technological improvement; it represents a profound socio-legal change in modern legal frameworks.