出版社:Law Faculty Doctor of Law Study Program Universitas 17 Agustus 1945 Surabaya
摘要:Article 281 letter c of the latest draft of the 2019 Criminal Code Draft states that everyone unlawfully records, publishes directly, or permits publication of anything that could affect the impartiality of judges in a court sentenced to a maximum of 1 year in prison. Other actions that fall into the contempt of court category are being disrespectful towards judges or trials or attacking the integrity or impartiality of judges in court hearings. Likewise with the provisions of Article 282 of the 2019 Criminal Code Bill, there are two types of criminal acts that threaten advocates in the article. First, enter into an agreement with the opposing client if he knows or rightly suspects that the act could harm the client's interests. Second, influencing clerks, surrogates, bailiffs, witnesses, interpreters, investigators, public prosecutors, or judges in a case, with or without compensation. Someone can be considered violating if they meet the contempt of court offense, namely; (a) does not comply with court orders or judges' decisions issued for the benefit of the judicial process; (b) being disrespectful towards judges or trials or attacking the integrity or impartiality of judges in court hearings; (c) and illegally record, publish directly, or allow to be published anything that could affect the impartiality of the judge in a court of law. The editorial of the article needs to be clarified, for example related to what is meant by disrespectful actions or attacking the integrity of judges so as not to cause multiple interpretations in its application. So there is the potential for criminalization of those who criticize or broadcast information, thus affecting the independence of judges. There is concern that the contempt of court article or contempt of the court in the Criminal Code Bill has the potential to become a rubber article. The offense contempt of court is already regulated in the Criminal Code, but the concept of the contempt of court in the Criminal Code Bill has a different interpretation which is even more targeted at judicial critics.