TINJAUAN YURIDIS PERATURAN TINDAK PIDANA CONTEMPT OF COURT DI INDONESIA

Godiman, Reynaldi (2024) TINJAUAN YURIDIS PERATURAN TINDAK PIDANA CONTEMPT OF COURT DI INDONESIA. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

In the court environment, sanctions must be applied to any individual who disrespects and interferes with the judicial process as a form of law enforcement in Indonesia. Actions, behaviors, attitudes and/or words that can degrade and undermine the authority, dignity, and honor of the judiciary known as the "Contempt of Court". In the dynamics of recent developments, there is an interesting phenomenon that can reduce the dignity, honor, and authority of the judiciary and its apparatus. The purpose of this thesis is to obtain data on whether the Contempt of Court criminal regulations need to be formed outside the criminal code, and to find out the obstacles faced in the formation of the Contempt of Court criminal law. This thesis uses empirical legal research methods, where research data is obtained from interviews with resource persons and literature studies. Based on the discussion of the results of the study, it was concluded that the Contempt of Court criminal regulations in Indonesia need to be formed outside the Criminal Code in a separate Law, because the existence of a comprehensive Contempt of Court criminal law can play a role in educating the public to respect the judiciary, maintain the dignity and dignity of the judicial institution as a form of judicial power, and can provide more optimal law enforcement. The existence of the Contempt of Court criminal law can also protect the course of the judicial process in order to create justice for all litigants. The obstacle in the formation of the Contempt of Court criminal law is the assumption that the concept of Contempt of Court regulations in the concept of criminal justice in Indonesia is not appropriate to use. Another obstacle is that there is an assumption that the existence of special regulations governing the Contempt of Court can interfere with press freedom in Indonesia.

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