p–ISSN: 2723 - 6609 e-ISSN: 2745-5254

Vol. 5, No. 6 June 2024 http://jist.publikasiindonesia.id/

Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 6, June 2024 2847

Criminal Acts Against the Judicial Process (Contempt of

Court) According to the New Criminal Code about the Right

to Immunity of Advocates in Court

Agustini Andriani

Judiciary is a derivation of the word fair, interpreted as impartial, impartial, or balanced.

The judiciary, in this case, points to a process that is the process to create or realize justice

(Monica & Amrullah, 2022).

power (Darma & Made, 2020). This principle means that the course of the judicial process

must be guaranteed to avoid all forms of influence, pressure, and threats from any party

that can potentially reduce the nobility of the principle (Asshiddiqie, 2015). Therefore,

according to the context of this principle, the judicial process must be carried out openly,

and order in a country, including our country, Indonesia. As a state of law, Indonesia

guarantees its citizens the right to get justice by applicable law through judicial power as

a judicial intermediary (Johny, 2009). This is stated in Article 24, paragraph (1) of the

1945 Constitution, which affirms that the judicial power is independent to administer

justice to uphold law and justice.

of justice. The Criminal Code (KUHP) is one such instrument. It enforces the law and

fulfills a sense of justice (Malau, 2023).

ensuring fairness in handling criminal cases (Wijaya, Calvin, & Pratiwi, 2019).

is Criminal Acts Against the Judicial Process or Contempt of Court. Contempt of Court

is a general term for those who want to interfere with or disrupt the judicial process. It

refers to behavior that violates, insults, or obstructs judicial activities. These actions may

be statements, behaviors, or acts that undermine the dignity or authority of the court,

obstruct the judicial process, or interfere with delivering justice to litigants.

cons in the community, including among advocates. This rule on Contempt of Court is

considered to threaten the Right to Immunity of Advocates in Court. This is because the

of criminal acts against the judicial process (contempt of court) in the new Criminal Code

and its relation to the right to immunity of advocates. Reviewing existing regulations and

real cases can provide an overview of the complex relationship between criminal acts and

the judicial process, the new Criminal Code, and the right to advocate immunity. With a

deep understanding of this, more effective efforts can be made to maintain integrity,

credibility, and fairness in the judicial process in Indonesia.

journals. These materials are studied, analyzed, and written using descriptive-analytical

methods; a conclusion is drawn to answer the research problem. It is well known that a

descriptive study is intended to provide the most accurate possible picture of humans,

conditions, or other symptoms.

Regulation of criminal acts against the judicial process (contempt of court)

according to the new Criminal Code

known as the New Criminal Code, the provisions regarding regulating criminal acts

2. Article 208, broadcasting, displaying, or posting a writing or sentence containing

3. Article 209, the act of giving or promising something to an official to move him to do

4. Article 210, the act of giving or promising something to a judge, adviser, or advisers;

5. Article 211, the act of forcing an official to do an act of office or not to do an act of

6. Article 212 acts against an official who is performing his lawful duties;

7. Article 216, the act of disobeying an order or request made according to the law by an

12. Article 223, release or give relief when escaping to persons detained by order of the

general authority, upon judgment or decree judge;

14. Article 233, acts of tampering/omitting evidence;

15. Article 242, false information;

16. Article 420, a judge who accepts gifts or promises

17. Article 422, an official who, in a criminal case, uses means of coercion both to extort

confessions and to obtain information;

18. Article 522, witnesses, experts, or interpreters do not come unlawfully.

In the old Criminal Code, the acts stipulated in the abovementioned articles were

only perceived as acts of Contempt of Court. Before the birth of the new Criminal Code

in Indonesia, there was no definite definition of Contempt of Court.

Criminal Acts Interfere and Obstruct the Judicial Process

be punished with a maximum fine of category I.

person who makes noise in a court session during the trial and does not leave even though

it has been ordered up to 3 (three) times by the judge shall be punished with a maximum

imprisonment of 6 (six) months or a maximum fine of category II.

b) Disobeying court orders, being disrespectful, attacking the integrity of law

fined at most category II, any person who, at the time of the court hearing, commits the

following acts;

the dignity of law enforcement officials, judicial officers, or courts or disobeying court

orders.

3. attack the integrity of law enforcement officials, judicial officers, or courtiers;

memihak atau tidak jujur.

1. Without permission, the court publishes the proceedings directly.

hearing.

Prevent and Obstruct the examination in court hearings.

(seven) years, 6 (six) months, or a maximum fine of category VI for any person who

obstructs, intimidates, or influences officials who carry out the duties of investigation,

prosecution, examination in court hearings, or court decisions to force or induce them to

perform their duties.

She was hiding the person who committed the crime or providing help to the

criminal to escape.

mentioned above, the act of hiding the perpetrator of the crime can be punished with a

maximum imprisonment of 3 (three) years or a category IV fine.

Prevent and obstruct or thwart the examination of the body for judicial purposes.

maximum imprisonment of 1 (one) year or a maximum fine of category III for any person

who prevents, obstructs, or fails the examination of the body for judicial purposes.

Release or assist when a person escapes from detention or imprisonment.

imprisonment or a maximum category IV fine can be imposed on any person who releases

or provides assistance when a person escapes from detention carried out by order of an

witness, expert, or interpreter, or does not fulfill an obligation that the provisions of laws

and regulations must fulfill. Meanwhile, for cases other than criminal cases, unlawful

crimes, as mentioned above, can be sentenced to imprisonment for a maximum of 6 (six)

months or a maximum fine of category II.

maximum of 1 (one) year 3 (three) months, or a maximum fine of category III can be

imposed for any person who has been declared bankrupt / declared unable to pay debts or

becomes the husband or wife of a bankrupt person, or as a manager or commissioner of

regulated for any person who, without a valid reason, does not come before or does not

ask his representative to appear before the court to be heard as a blood family or temporary

family, husband or wife, guardian or guardian of the supervisor, custodian or supervisor

in the case of the person to be placed or has been placed under custody or in the case of

the person to be put or has been put in the house mentally ill, punishable with a maximum

fine of category II.

Submitting false letters at trial

submits a letter that is considered false or forged or must be used to be compared with

a maximum of 4 (four) years imprisonment or a maximum fine of category V may be

imposed for any person who withdraws confiscated or deposited goods by court order or

hides goods, even though it is known that the goods are in confiscation or entrustment. It

can also be criminally charged with damaging, destroying, or making unusable an item

confiscated under the provisions of laws and regulations.

criminal sanctions can also be imposed for storing goods that do, allow to be done, or

assist in carrying out acts as referred to in Article 289 paragraph (1). They can be punished

with a maximum imprisonment of (five) years or a maximum fine of category V.

However, suppose the act of storing confiscated goods occurs due to the negligence of

Giving false statements at trial

criminal sanctions with a maximum imprisonment of 7 (seven) years may be imposed for

any person who gives false information on oath, whether oral or written, done alone or

by his attorney specially appointed for it given in the examination of cases in judicial

proceedings.

defendant, or opposing party. The criminal sanction can be increased by 1/3 (one-third).

Mention the identity of the complainant, witness, or victim, which is expressly

confidential in the law.

identity of the complainant, witness, or other things that provide the possibility of

knowing the identity can be imprisoned for a maximum of 3 (three) years or fined in

category IV.

apply if the law expressly mentions the necessity of keeping the identity of the

complainant, witness, or victim confidential.

referred to in Article 293 paragraph (1) is committed while the court hearing is in

progress, which prevents the hearing from continuing, the perpetrator can be sentenced

to imprisonment for a maximum of 5 (five) years.

Criminal Code, sanctions for destruction, as referred to in Article 293 paragraph (1), are

also regulated if it results in law enforcement officers on duty or witnesses when giving

their statements being seriously injured, the perpetrator can be sentenced to a maximum

of 12 (twelve) years imprisonment. Meanwhile, suppose the act causes the death of a law

enforcement officer on duty or a witness when giving his statement. In that case, as

new Criminal Code. The author summarizes it in the following table:

New Criminal

Code articles that

were violated

Criminal Acts of Violence

Against Witnesses and

Victims

Threat of Punishment