Legal Literacy – Obstruction of justice is an act of threatening, influencing, and obstructing ongoing legal proceedings.

In Indonesia, this action often occurs in various cases, especially among officials and the police.

This article discusses in detail about obstruction of justice starting from the definition, elements, position, to examples of cases.

Definition Obstruction of Justice

Obstruction of justice is an action aimed at obstructing the legal process.

This term is a legal terminology derived from Anglo-Saxon literature. In the doctrine of criminal law in Indonesia, the term is often translated as "criminal act of obstructing the legal process."

According to Legal Dictionary, the meaning of obstruction of justice is:

“an attempt to interfere with the administration of the courts, the judicial system or law enforcement officers, including threatening witnesses, improper conversations with jurors, hiding evidence, or interfering with an arrest. Such activity is a crime.”

If interpreted in a free Indonesian translation, the term is an attempt to interfere with the administration of the court, the judicial system or law enforcement officials, including threatening witnesses, improper conversations with jurors, hiding evidence, or interfering with an arrest. This activity is a crime.

Meanwhile, Black’s Law Dictionary formulates obstruction of justice as follows:

“Interfacewith the orderly administration of law and justice, as by giving false information to or withholding evidence from a police officer or prosecutor, or by harming or intimidating a witness or juror”.

In this case, the definition in Black's Law Dictionary is considered more specific because it relates to the administration of law and justice . The term is defined as an act of obstructing the legal process and all forms of intervention in the entire legal process and justice, from the beginning to the end of the process.

Forms of intervention can include providing false information, concealing evidence from the police or prosecutors, and harming and intimidating witnesses and jurors (the use of jurors in Anglo-Saxon procedural law).

Meanwhile, Oemar Seno Adji and Indriyanto Seno Adji in Peradilan Bebas Negara Hukum dan Contempt of Court define obstruction of justice as an action that is intended or has the effect of distorting the legal process, as well as disrupting the functions that should be in a judicial process.

This act is considered a form of criminal act because it hinders law enforcement and damages the image of law enforcement agencies. Therefore, this action is categorized as a type of criminal act contempt of court or contempt of court.