PERADI: Contempt of Court Legislation Not Needed

Ali Salmande, Andin Aditya Rahman

The recent incident at the Constitutional Court was condemned by advocates of the Indonesian Advocates Association (PERADI). While condemning such incident, PERADI insists that there is no urgency to enact a law regulating contempt of court.

During PERADI’s 2013 National Work Meeting, Otto Hasibuan, Chairman of PERADI, said that the prevailing laws and regulations are sufficient to maintain the dignity of courts.

“We all condemn such incident. Court must be respected. The solution is to improve the dignity of courts, and not to enact a contempt of court law. If the courts are respected, it certainly won’t happen,” Otto stated last Friday.

Otto explained advocates concern, if such law is passed. He said that advocates will likely be targeted on such legislation. Based on Hukumonline’s reasearch, some advocates have been sanctioned for contempt of court, despite the absence of a legislation regulating contempt of court.

In September 1999, Ibrahim Senen and Tony Budidjaja, lawyers from the Demawan and Co Law Firm, had their advocate license temporarily revoked. They were allegedly in contempt of the court by frequently leaving the court chamber without the permission of the adjudicating judges, and for recommending the panel of judges to be substituted.

Contempt of court has also occurred at the Constitutional Court when a lawyer named Gusti Randa was forced to leave the court chamber for interrupting the reading of a decision by the presiding judge.

In contrast to PERADI’s position, the Supreme Court firmly supported the government to enforce such law during the Supreme Court 2012 National Work Meeting. Justices in every chamber at the Supreme Court agreed that this legislation is necessary to maintain the dignity of courts.

“Almost every commission, whether public criminal, civil, or state administration, hoped the establishment of a contempt of court law so that the recommendation of this national work meeting can be continued by the House of Representatives and the government through the Directorate General of Laws and Regulations,” stated Ridwan Mansyur, Head of Law and Public Relations at the Supreme Court at the time.

(hot/kc)

Ali Salmande, Andin Aditya Rahman

The recent incident at the Constitutional Court was condemned by advocates of the Indonesian Advocates Association (PERADI). While condemning such incident, PERADI insists that there is no urgency to enact a law regulating contempt of court.

During PERADI’s 2013 National Work Meeting, Otto Hasibuan, Chairman of PERADI, said that the prevailing laws and regulations are sufficient to maintain the dignity of courts.

“We all condemn such incident. Court must be respected. The solution is to improve the dignity of courts, and not to enact a contempt of court law. If the courts are respected, it certainly won’t happen,” Otto stated last Friday.

Otto explained advocates concern, if such law is passed. He said that advocates will likely be targeted on such legislation. Based on Hukumonline’s reasearch, some advocates have been sanctioned for contempt of court, despite the absence of a legislation regulating contempt of court.

In September 1999, Ibrahim Senen and Tony Budidjaja, lawyers from the Demawan and Co Law Firm, had their advocate license temporarily revoked. They were allegedly in contempt of the court by frequently leaving the court chamber without the permission of the adjudicating judges, and for recommending the panel of judges to be substituted.

Contempt of court has also occurred at the Constitutional Court when a lawyer named Gusti Randa was forced to leave the court chamber for interrupting the reading of a decision by the presiding judge.

In contrast to PERADI’s position, the Supreme Court firmly supported the government to enforce such law during the Supreme Court 2012 National Work Meeting. Justices in every chamber at the Supreme Court agreed that this legislation is necessary to maintain the dignity of courts.

“Almost every commission, whether public criminal, civil, or state administration, hoped the establishment of a contempt of court law so that the recommendation of this national work meeting can be continued by the House of Representatives and the government through the Directorate General of Laws and Regulations,” stated Ridwan Mansyur, Head of Law and Public Relations at the Supreme Court at the time.

(hot/kc)

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