UMM FH National Seminar: The Discussion of Advocates and Contempt of Court in RUU KUHP

Author : Humas | Wednesday, November 27, 2019 10:57 WIB


Mudzakkir explaining his material to the National Advocate Seminar and Contempt of Court in Criminal Code Bill (Photo: Mirza/PR UMM)

Legal issues related to insults directed at justice institutions are always a concern of the Indonesian legal community. Although it is generally agreed that everyone, institutions, and professions always demand legal protection for their honor and reputation. This was stated by Dr. Mudzakkir, S.H., M.H, a lecturer at the Faculty of Law (FH) Indonesian Islamic University.

"However, in law enforcement practices often lead to legal problems regarding the interpretation of the law related to whether such acts are included as an act of contempt of the court," Mudzakkir continued in the National Seminar: "Advocates and Contempt of Court in the Criminal Code Bill" (26/11) held by UMM Law Faculty and Indonesian Advocates Association Malang.

Mudzakkir continued in front of hundreds of students and legal practitioners that his legal problems would become even more interesting when the court, in this case was run by a judge, judged that someone had conducted a contempt of court in which one form of criminal activity was similar to defamation and asked to the law enforcement/police officers to conduct an investigation.

"The Contempt of Court (COC) theme which is the topic of the discussion in today's seminar is very relevant so that the formulation of criminal law norms regarding COC becomes clear and firm and easy to enforce and does not become an "easily misusedarticle" caused by the attitude of law enforcement officers and judges or the court directly or indirectly became a victim of the COC crime," he said.

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Meanwhile, the Chairperson of the East Java High Court and lecturer at the Jakarta National University Dr. H. Herri Swantoro, SH, MH asserted that as a law enforcement agency that provides justice to parties who litigate through a judge's decision, the judiciary covers its institutions, processes or mechanisms, as well as judges who examine and decide cases, must be respected.

All forms of actions which in principle are forms of disrespect or contempt of court must be sanctioned. "The humiliation of the judiciary is no longer merely a verbal act in court, but has led to acts of violence in the courtroom," Herri said in a seminar attended by UMM Deputy Rector III, Sidik Sunaryo.

Furthermore, Herri argues, sanctions that can be imposed on contempt criminal offenders are punitive sanctions. "In common law countries, perpetrators can be sentenced to fines or imprisonment. The purpose of criminal contempt criminalization is to deter perpetrators and prevent others from doing the same thing," said Herri at UMM Mini Theater.

Herri continued, the importance of criminal punishment against contempt criminals is to protect the judicial power and the dignity of the court, which in this case includes the state, government, court and the public with an interest in the proper implementation of justice. In common law literature, criminal contempt is briefly often referred to as "relations against the administration of justice".

It is attended by other panelistssuch as H. Arsul Sani, S.H., M.Si, as the deputy chairman of the People's Consultative Assembly of the Republic of Indonesia and UMM Deputy Rector III Sidik Sunaryo also participated as panelists. In addition to the panelists' presentation on Advocates and Contempt of Court material in the Criminal Code Bill, there was a keynote speaker, Prof. Dr. Otto Hasibuan, S.H., M.M. as Chairman of the Board of Trustees of the Peradi National Leadership Council. (joh)



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