Contempt of Court in the Perspective of Criminal Law Enforcement

Hamidah, Abdurrahman and Fajar Ari, Sadewo (2020) Contempt of Court in the Perspective of Criminal Law Enforcement. Proceedings of the 1st International Conference on Social Science, Humanities, Education and Society Development. pp. 1-7. ISSN 2593-7650 (Submitted)

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Abstract

The latest Draft Criminal Code (RKUHP) dated August 28, 2019 sets out the Contempt of Court in Article 281, that any individual who does not abide by court order or judicial decree issued for the purpose of judicial process, behaves disrespectfully towards judge or the court or attacks judge’s integrity or impartiality in court hearing, or unlawfully records, directly publicizes, or allows publication of anything which may affect judge’s impartiality in court hearing is subject to criminal imprisonment for maximum 1 year or criminal fine for maximum Rp10,000,000.- Based on the mandate of Act Number 5 of 2004 on the Amendment to Supreme Court Act Number 14 of 1985 on the Supreme Court, Contempt of Court should be set forth in independent Law and Regulation so as not to cause turmoil in the community as the result of criminalization in criminal judicial process.Problems resulted from regulation of Contempt of Court on judicial process are deemed to restrict the rights of law enforcers such as advocates and other justice seekers. When a law enforcer is criticizing the course of a hearing process, it may be categorized into Contempt of Court pursuant to Article 281 RKUHP.

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