Legal Literacy - This article discusses the concept of contempt of court which includes the definition, scope, and legal regulations in Indonesia and several other countries. In general, contempt of court it is defined as an act that ignores or violates a court order, either directly or indirectly, which can degrade the authority and dignity of the judiciary. This article also outlines the differences between civil contempt and criminal contempt, and provides examples of well-known cases in Indonesia, such as the Adnan Buyung Nasution and Desrizal Chaniago cases. In addition, the discussion includes regulations governing contempt of court at the international level, such as in Australia, the United States, England, and India. This article concludes with the importance of strict enforcement of rules to maintain the honor of the judiciary.
The Term Contempt of Court
If examined terminologically, contempt of court it is defined as an act committed intentionally to ignore or disobey the orders of a legitimate authority according to law.
Contempt of court according to Black’s Law Dictionary is any act that may be deemed to embarrass, hinder, or obstruct the judicial duties of the courts or any action that may diminish their authority or dignity. Such acts are committed by deliberately defying its authority or thwarting the judicial duties performed by a person by being a party to a case being tried who deliberately disobeys a lawful court order.
Contempt of court can also be described as an act that essentially interferes with or disrupts the judicial process or prohibits members of the public from forgiving the judicial system in resolving their disputes.
Regulation of Contempt of Court
Contempt of court can be found in the general explanation of Law Number 14 of 1985 concerning the Supreme Court which explains that:
"In order to better guarantee the creation of the best possible atmosphere for the administration of justice in order to uphold law and justice based on Pancasila, it is necessary to create a law that regulates the prosecution of acts, behavior, attitudes and speech that can degrade the erosion of the authority, dignity and honor of the judiciary known as Contempt of Court."
Not only that, several legal frameworks that regulate contempt of court are currently listed in the Criminal Code, specifically Articles 207, 217, and 224. In connection with this, the main objective of contempt of court itself is to maintain the effectiveness and maintain the power of the court and protect the parties in dispute by forcing court order decisions to be carried out properly.
Several countries in the world have also adopted provisions regarding contempt of court, such as Australia, contempt of court is regulated in several regulations of the Federal Court and state courts, such as Judiciary Act 1903 and Federal Court of Australia Act 1976. The United States regulates it through the Contempt of Court Act 1831 and it has undergone several amendments. Unlike some other countries, the concept contempt of court in England connects contempt of court with contempt of the Queen/King. Neighboring India also has the Contempt of Court Act 1971.
Comment (0)
Write a comment