CONTEMPT OF COURT: KAJIAN TENTANG IDE DASAR DAN IMPLEMENTASINYA DALAM HUKUM PIDANA
Abstract: Contempt of Court
historically comes from Common Law in England where as it represents the king
as the God Representative in the world to punish whoever against its commands
and prohibitions. The term of Contempt
means indignity so contempt of court means an action insulting the board of
court. The researcher is interested in
the Contempt of Court research in Indonesia since there are a lot cases which
could be qualified as Contempt of Court but the regulation has not been clear
enough. The data needed are secondary data and supported by the primary data
got from interviews with the experts of criminal law. The result of the research shows that the
basic idea of the contempt of court
managed in the criminal code is
closely related with and afford to promote the high authority and privilege.
Contempt of Court in Indonesia is implemented in the articles which spread out
of the Criminal Code especially offences related with “rechtspleging” and draft
of law of criminal code which has been directed on its chapter itself namely
Chapter VI about crime act on holding the judicature from the article 325 up to
335 of draft of law of the Criminal Code.
The conducts which could be classified as the contempt of court is now
days essential in Indonesia to keep the authority and privilege of justice
institution to take action againts the actors of contempt of court to apply the articles of Criminal Code.
Kata kunci: melawan hukum,
sistem hokum
Penulis: Ruby Hadiarti Johny
Kode Jurnal: jphukumdd090017
