Form Obstruction of Justice in the Trial Process

  1. The defendant intentionally harms himself before or after the trial process takes place.
  2. The defendant remains silent and lies when the judge asks questions.
  3. Expert witnesses and/or interpreters in this case provide misleading information or statements regarding the material and theory presented.
  4. Advocates intentionally make false statements and lies to protect the defendant, which is considered a violation of the law.

Case example Obstruction of Justice

The following are some examples of obstruction of justice cases that have occurred in Indonesia:

Anggo Widjojo Case

When the trial process was carried out in the case with the defendant Anggodo Widjojo in 2010, the defendant suddenly complained of pain in the head and pain throughout his body, so the defendant stated that he was unable to continue the trial. However, after the doctor examined the defendant's health condition, he was in normal and good condition. In this case, pretending to be sick is the easiest way to avoid legal proceedings because people who are presented in a sick state cannot be investigated, prosecuted or examined in court.

Setya Novanto Case

The second case is the E-KTP (Electronic Identity Card) procurement project involving the former Chairman of the House of Representatives (DPR-RI) Setya Novanto. During the investigation process, the suspect repeatedly refused to attend summons for examination from the Corruption Eradication Commission (KPK) on the grounds of illness.

In addition, after a forced attempt was made, the suspect again avoided KPK officers who wanted to make an arrest, until many dramas were played out so that Setya Novanto tried to escape the clutches of the law.

Indra Kenz Case

In this case, selebgram Indra Kenz, who is a suspect in the Binomo case, removed evidence of the case that ensnared him. The evidence that Indra Kenz removed was his cellphone, including a computer that allegedly stored data on his communication with Binomo or other affiliates. Not only did he remove evidence, Indra Kenz was also indicated to have transferred money in his account so that investigators only found money with a nominal value of IDR 1.8 billion in his account. During the investigation process, Indra Kenz also showed an uncooperative attitude, such as covering up who the owner or mastermind of the Binimo application was. Including refusing to be called a Binomo affiliate.

Position Obstruction of Justice in Positive Criminal Law in Indonesia

Obstruction of justice constitutes a prohibited act that contains criminal sanctions. The legal basis obstruction of justice is explained in Article 21 of Law Number 31 of 1999 Concerning the Eradication of Corruption Crimes which states that,

“Anyone who intentionally prevents, obstructs, or thwarts directly or indirectly the investigation, prosecution, and examination in court against suspects and defendants or witnesses in corruption cases, shall be sentenced to imprisonment for a minimum of three years and a maximum of twelve years and or a fine of at least Rp150 million and a maximum of Rp600 million.”

That is the description regarding obstruction of justice starting from the definition, elements, position, forms, to examples of cases in Indonesia.