Dimension Of Regulation And Law Enforcement In Contempt Of Court: Futuristic Study And Comprehensive Between Indonesia And Thailand

Abstract

Social phenomenon that becomes public attention, related to the existence of act, behavior, attitude and remark made by justice seeker, legal practitioner, press or other various parties are causing threat to the court’s prestige. Lots of cases qualified as Contempt of Court occur in Indonesia without the existence of strict sanction to give deterrent effect to the perpetrator. This act and attitude, either directly or indirectly has downgraded the dignity and prestige of court as an institution and its legal apparatus. This article is made based on the result of juridical-normative study, putting the legal comparison method upfront and in futuristic manner. Up to this day, the complete and integral provisions concerning the contempt of court is still spreaded in either rules and regulations for criminal law or criminal procedural law, hence, it is resulting into ineffectifity of legal enforcement for the Contempt of Court in Indonesia. The examination and decision on the Contempt of Court in Thailand is under the jurisdiction of the Court of Justice, it is regulated under criminal code of conduct and civil code of conduct. Each form of act qualified as Contempt of Court in Thailand is followed up by conduct according to the applicable legal procedures. Politically, law is necessary to specifically regulate Contempt of Court either in the laws itself or by insertion in Indonesian Criminal Code of Conduct. Expressed regulation is necessary both to protect the court’s and judge’s honor, and to protect “justice” from any type of insult.