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Journal articles on the topic 'Contempt of court'
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1
Samantasinghar, Jajati Keshari. "Contempt of Court as Defined in “Contempt of Courts Act 1971." Journal of Advance Research in Social Science and Humanities (ISSN: 2208-2387) 3, no. 5 (May 31, 2017): 01–08. http://dx.doi.org/10.53555/nnssh.v3i5.170.
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Contempt of Courts means any act that interferes and obstructs in the process of administration of Justice or undermines or lowers the authority & dignity of the courts and bring them into disrespect and disrepute. It is therefore, necessary that courts are vested with the power to punish for committing the offence of contempt of court. In India the first statute to deal with the offence of contempt of court was contempt of court Act 1926. After independence the Contempt of Court Act 1952 was enacted. However one common lacunae was conspicuous in both the earlier Act. Both the Contempt Act 1926 & 1952 did not define the offence of Contempt. On the basis of Sanyal Committee report & Joint selected Committee known as Bharghab Committee the Contempt of Court Act 1971 was brought in incorporating the definition of Contempt in clear and definite terms.
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Jumani ,, Abdullah. "https://habibiaislamicus.com/index.php/hirj/article/view/259." Habibia Islamicus 5, no. 4 (December 30, 2021): 9–14. http://dx.doi.org/10.47720/hi.2021.0504e02.
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Pakistan emerged on the map of the world in 1947, the Contempt of the Courts Act, 1926 prevailing in sub-continent before partition was adopted. In 1976, under Article 204 of the constitution of Pakistan ,1973, the Contempt of Court Act ,1976 was enacted which repealed Contempt of Courts Act,1926. There after Contempt of Court Ordinances ,1998, 2003,2004 were promulgated from time to time and in 2012, the Contempt of Court Act, 2012 was enacted. The Supreme Court of Pakistan in a judgment declared the Act, 2012 unconstitutional and revived the Contempt of Court Ordinance, 2003. The purpose of this article is to study the revival of Ordinance, 2003 in the light of Constitution, 1973 and to ascertain that which law of Contempt of Court is holding the field in the country.
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Beger, Randall R. "Illinois Juvenile Justice: An Emerging Dual System." Crime & Delinquency 40, no. 1 (January 1994): 54–68. http://dx.doi.org/10.1177/0011128794040001004.
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Trial courts have inherent powers, including the authority to punish for contempt. Historically, contempt charges were limited to adults who understood the consequences of deliberately disregarding a court order or challenging the court's authority. Illinois juvenile court judges now use contempt power to force nondelinquent status offenders to comply with routine court directives, a practice having no legal or historical precedent and conflicting with the legislative intent of the Illinois Juvenile Court Act.
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Atkin, Bill. "The Family Court – Contempt and Inherent Powers." Victoria University of Wellington Law Review 54, no. 1 (October 15, 2023): 25–38. http://dx.doi.org/10.26686/vuwlr.v54i1.8434.
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This article honours the achievements of Professor ATH Smith both in New Zealand and abroad. Its focus is on aspects of the New Zealand Family Court. The law of contempt is now governed by the Contempt of Court Act 2019. The earlier leading case on the contempt powers of the Family Court is analysed, followed by the changes made by the 2019 Act and their implications for the Court. The discussion is on the basis that the Family Court does not have inherent powers to deal with contempt situations not covered by the statutory scheme. As a part of the District Court, its inherent powers are limited to matters of procedure: contempt is a substantive matter, not one of procedure. The article concludes by briefly raising the wider question of whether the distinction between the senior courts and the lower ones, such as the Family Court, is helpful.
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Syafaq, Hammis, Nur Lailatul Musyafaah, and Sri Warjiyati. "Judicial Commission Role to Handle Contempt of Court in Indonesia from the Perspective of Islamic Legal Thought." European Journal of Law and Political Science 2, no. 3 (May 24, 2023): 7–13. http://dx.doi.org/10.24018/ejpolitics.2023.2.3.90.
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Contempt of Court still occurs in many courts in Indonesia. Therefore, the government established the Judicial Commission of the Republic of Indonesia to maintain the dignity and dignity of the courts in Indonesia. This study discusses how the Judicial Commission of the Republic of Indonesia plays a role in handling the Contempt of Court in Indonesia from the perspective of Islamic Legal Thought. This research is literature with a qualitative approach. Data was collected through literature studies in the form of laws, books, and journals. The collected data is analyzed descriptively with a deductive model. This research shows that the Judicial Commission has been essential in preventing the Contempt of Court in Indonesia. The Judicial Commission of the Republic of Indonesia carries preventive and repressive actions. Preventive actions are carried out to avoid the Contempt of Court, while repressive actions are carried out to deal with the Contempt of Court in Indonesia. In Islamic legal thought, the role of the Judicial Commission is according to the role of Diwan al-Hisbah and the rule of Islamic Law "dar' al-mafasid muqaddam ala jalb al-mashalih" (rejecting harm is prioritized over bringing benefit) and "al-dharar yuzal" (damage must be eliminated). The role of the Judicial Commission in resolving Contempt of Court cases can make courts a safe place to enforce the law in Indonesia.
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Afriana, Anita, Artaji Artaji, Elis Rusmiati, Efa Laela Fakhriah, and Sherly Putri. "CONTEMPT OF COURT: PENEGAKAN HUKUM DAN MODEL PENGATURAN DI INDONESIA / CONTEMPT OF COURT: LAW ENFORCEMENT AND RULE MODELS IN INDONESIA." Jurnal Hukum dan Peradilan 7, no. 3 (December 18, 2018): 441. http://dx.doi.org/10.25216/jhp.7.3.2018.441-458.
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Di Indonesia sesungguhnya banyak kasus yang terjadi berkaitan dengan pelecehan terhadap pengadilan dan aparat penegak hukum. Hal tersebut berpengaruh terhadap integritas dan kewibawaan lembaga peradilan sebagai benteng terakhir untuk mendapatkan keadilan. Namun, sampai saat ini di Indonesia belum ada ketentuan yang secara khusus mengatur tentang pranata Contempt of Court. Artikel ini merupakan bagian dari penelitian yang telah selesai dilakukan dengan metode yuridis normatif yang mengedepankan data sekunder dengan dilengkapi data primer berupa penelitian lapangan yang dilakukan pada beberapa pengadilan negeri yang ada di Indonesia. Pembahasan difokuskan pada permasalahan eksistensi pengaturan dan penegakan hukum Contempt of Court serta menentukan model pengaturannya di Indonesia. Peraturan perundang-undangan yang mengatur tentang Contempt of Court secara khusus sampai saat ini masih belum ada. Akan tetapi, pengaturannya telah tersebar dalam Kitab Undang-Undang Hukum Pidana (KUHP). Oleh karena itu, dari sekian kasus terkait dengan Contempt of Court baik berupa tindakan maupun perbuatan yang sesungguhnya mengganggu keselamatan, ketenangan psikis maupun fisik, serta apa pun yang pada prinsipnya merupakan bentuk penghinaan terhadap pengadilan belum diberikan sanksi yang tegas tetapi hanya sekedar dikeluarkan dari ruang persidangan. Contempt of Court dapat terjadi baik di dalam ruang persidangan maupun di luar persidangan baik pada perkara pidana, perdata, maupun hubungan industrial. Semakin meluaskan berbagai tindakan yang dapat dikategorikan sebagai contempt of court maka perlu untuk mengatur Contempt of Court dalam bentuk aturan tersendiri.This crisis of public confidence greatly affects the integrity and authority of the judiciary as the last defence for justice. Many things happened related to the harassment of the courts and law enforcement agencies but until now in Indonesia there has been no provision specifically about contempt for the court. This article is a part of research that its used normative judicial method which gave priority to primary data with secondary and primary data. Therefore, field research was conducted by interviewing judge in some district court in Indonesia. The purpose of this research is to know the existence of regulation and law enforcement of Contempt of Court in Indonesia and to determine the model of Contempt of Court arrangement that is in accordance with the judiciary in Indonesia, and the summary is the laws and regulations governing the Contempt of Court in particular have so far not existed, but are scattered in the Criminal Code (Criminal Code), therefore in many cases both actions and deeds which in principle interfere with safety, psychic and physical calm which in principle is a form of humiliation to the court has not been given strict sanctions but only just removed from the courtroom. Contempt of Court can take place both within the courtroom and outside the court so that by extending the various actions that can be categorized as contempt of court, it is deemed necessary to regulate the Contempt of Court in the form of a separate rule.
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Crête, Raymonde. "L'enquête publique et le pouvoir de condamnation pour outrage au tribunal." Les Cahiers de droit 19, no. 4 (April 12, 2005): 859–79. http://dx.doi.org/10.7202/042278ar.
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In the sphere of public inquiries, i.e. those which are limited to the exercice of the power of inquiry and recommendation to a higher instance, the Quebec legislator has enacted different provisions conferring upon the investigators the power to punish acts of contempt. Such provisions were necessary because investigators, as opposed to judges of the superior courts and the courts of records, possess no inherent capacity to impose penalties for acts of contempt committed in or out of their presence. To this end, the legislator has conferred upon investigators the power to condemn for contempt of court, by provisions which refer to the powers of the Superior Court in this matter. The investigators therefore may punish acts of contempt committed in their presence, such as witnesses' refusal to testify or produce documents. It is however more difficult to determine if the investigators are empowered to punish acts of contempt committed outside their presence, for usually inferior courts are not so empowered. In this connection, the courts have also examined the nature of contempt, which can be either civil or criminal depending on the nature of the jurisdiction exercised and the offence committed. With respect to public inquiries, it is equally interesting to ask oneself if the investigators can use contempt of court as a means of punishment. Relative to this question, we think that the investigators should sanction contempt only as a coercive means and not as punishment. Upon conviction of contempt, it is important that the convicted parties have some recourse, since the decisions may have serious consequences such as a fine or imprisonment. In this regard, the courts agree to exercice their powers of control when commissioners exceed their jurisdiction. There is however no right to appeal the commissioner's decision. Investigators may conceivably use such vast powers in an arbitrary and abusive manner. In a perspective of legislative reform, we would be of the opinion that it would be preferable to attribute such a power to a court of justice rather than to the investigators themselves.
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Kholis, Nur. "ASAS NON DISKRIMINASI DALAM CONTEMPT OF COURT." Legality : Jurnal Ilmiah Hukum 26, no. 2 (February 14, 2019): 210. http://dx.doi.org/10.22219/jihl.v26i2.7797.
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This research raises the title of non discrimination principle in contempt of Court with legal issue (1). Non-discrimination Principles as the basis for the application of Contempt of Court criminal acts and (2). Formulation of sanction of Contempt of Court crime by using method (1). Normative research type, (2). Approach problems that include (a). Conceptual approach, (b). Legal Approach, (c). Case approach and (d). Comparative approach. The result of this dissertation research in the form of Contempt of court is an insulting behavior, disobedient to the order of the court institution (harassment) which has been included in the criminal law realm. Contempt of court derived from common law system, not derived from countries that the legal system embraces Civil law system including the State of Indonesia. While in Indonesia first knew Contempt of Court on the enactment of Law No. 14 of 1985 on the Supreme Court of the Republic of Indonesia. The Criminal Code (KUHP) does not regulate the crime of Contempt of court, but only acts or criminal acts in the Criminal Code are categorized into the realm of criminal acts Contempt of court, so that the Judge (court) is only a legal object of action criminal Contempt of court. The Non-Discrimination Principle can be applied to the crime of Contempt of Court because all legal subjects must be equal before the law, so that the application of the principle of Non-Discrimination judges will be the subject of law, so there is a shift in the concept of being a legal subject because it is based on the principle of Non Discrimination. The norm as a Contempt of court arrangement is stated as "everyone ...".
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De Sousa, Freidelino Paixao Ramos Alves. "Non-compliance with Constitutional Court Decisions as an Act of Contempt of Court." Indonesian State Law Review (ISLRev) 4, no. 2 (November 20, 2022): 52–66. http://dx.doi.org/10.15294/islrev.v4i2.54617.
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As one of the institution that holding the judicial power according to article 24 and 24C in Constitution of Republic of Indonesia, Constitucional Court is enforcing the law and justice through its decisions. By Its decisions, the expectation is all the legal issues in constitucional field could be resolved. Disobeying of Constitucional Courts orders is categorized as contempt of Constitucional Court as judicative branch. Disobeying of constitucional courts order principally is a contempt of court, where it could be punished according to article 216 (1) Indonesian Penal Code.
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Zulaichah, Siti. "The important of designing legislation on Indonesian contempt of court act: legal practitioners perspective." Borobudur Law Review 5, no. 1 (February 27, 2023): 15–30. http://dx.doi.org/10.31603/burrev.6584.
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Contempt of court term in Indonesia has been initially originated in the general definition of Law 14th 1985 on Supreme Court item 4 paragraph 4. In that general definition, it implied an obligation to confirm the law soon specifically regulating about the contempt of court in Indonesia. The perspective of legal experts and practitioner, were expected to contribute within the implementation of contempt of court regulation. Controversy on contempt of court started being a polemic as Law Draft of Criminal Code has appeared, in which within one of this law draft has inserted articles about contempt of court. This research was aimed to analyze factors that could cause contempt of court and its urgency in forming the regulation of contempt of court in Indonesia. The method in this research was juridical-empirical method. Moreover, the researchers in this research attempted to describe point of views of legal practitioners in Malang that were obtained from interview and observation with judges, prosecutors, and lawyers. The researchers used qualitative approach as the type of research approach. This research result explained that the prevalence of contempt of court case until recently was appeared due to the lack of public awareness in complying with the law and low ethical behavior of the law of either the society or law enforcer.
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Asshiddiqie, Jimly. "UPAYA PERANCANGAN UNDANG-UNDANG TENTANG LARANGAN MERENDAHKAN MARTABAT PENGADILAN." Jurnal Hukum dan Peradilan 4, no. 2 (July 31, 2015): 199. http://dx.doi.org/10.25216/jhp.4.2.2015.199-222.
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To protect the dignity and soverignty of judiciary not only uses criminal law mechanism but also uses both civil contempt of court and ethical contempt of court integrally.Keywords : Act Proposal, Contempt of Court
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Rozikin, Opik. "CONTEMPT OF COURT IN INDONESIAN REGULATION." JCIC : Jurnal CIC Lembaga Riset dan Konsultan Sosial 1, no. 1 (March 1, 2019): 1–14. http://dx.doi.org/10.51486/jbo.v1i1.1.
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Abstract: Contempt of court is often an interesting topic of discussion, one of which is in the national legal development program, this is inseparable from the rampant phenomenon of actions that are considered to injure the authority of the judicial institutions in Indonesia. The provisions of the contempt of court that were previously foreign indeed contained in the explanation of Law No. 14 of 1985 concerning the Supreme Court paragraph 4 paragraph 4 does not meet the expectations of the Indonesian people, because there is no follow up and more concrete arrangements regarding the Contempt of Court. Whereas the idea of forming a law concerning the Contempt of Court has become part of the 2002 legal policy mandated by Law No. 25 of 2000 concerning the National Law Development Program. The Indonesian criminal justice system is included in the Non Adversary Model system. Judges have broad responsibilities in carrying out the trial process. Contempt of court arrangements are spread in the Criminal Code, Criminal Procedure Code, and several laws and regulations in Indonesia.
Abstrak: Contempt of court sering menjadi bahan perbincangan menarik, salah satunya dalam program pembangunan hukum nasional, hal ini tidak terlepas dari maraknya fenomena tindakan yang dianggap mencederai kewibawaan institusi peradilan di Indonesaia. Ketentuan Contempt of Court yang dahulu asing memang telah termuat dalam penjelasan Undang Undang No. 14 Tahun 1985 Tentang Mahkamah Agung butir 4 alinea ke-4 tidak sesuai dengan harapan bangsa Indonesia, dikarenakan tidak ada tindak lanjut dan pengaturan yang lebih konkret tentang Contempt of Court tersebut. Padahal ide pembentukan undang undang tentang Contempt of court ini, telah menjadi bagian dari kebijakan hukum tahun 2002 sebagaimana yang diamanahkan Undang Undang No. 25 Tahun 2000 tentang Program Pembangunan Hukum Nasional. Sistem peradilan pidana Indonesia termasuk kedalam sistem Non Adversary Model. Hakim memiliki tanggung jawab yang luas dalam menjalankan proses persidangan. Pengaturan Contempt of court tersebar dalam KUHP, KUHAP, dan beberapa peraturan perundang-undangan di Indoneisa.
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Rozikin, Opik. "CONTEMPT OF COURT IN INDONESIAN REGULATION." JCIC : Jurnal CIC Lembaga Riset dan Konsultan Sosial 1, no. 1 (March 1, 2019): 1–14. http://dx.doi.org/10.51486/jbo.v1i1.1.
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Abstract: Contempt of court is often an interesting topic of discussion, one of which is in the national legal development program, this is inseparable from the rampant phenomenon of actions that are considered to injure the authority of the judicial institutions in Indonesia. The provisions of the contempt of court that were previously foreign indeed contained in the explanation of Law No. 14 of 1985 concerning the Supreme Court paragraph 4 paragraph 4 does not meet the expectations of the Indonesian people, because there is no follow up and more concrete arrangements regarding the Contempt of Court. Whereas the idea of forming a law concerning the Contempt of Court has become part of the 2002 legal policy mandated by Law No. 25 of 2000 concerning the National Law Development Program. The Indonesian criminal justice system is included in the Non Adversary Model system. Judges have broad responsibilities in carrying out the trial process. Contempt of court arrangements are spread in the Criminal Code, Criminal Procedure Code, and several laws and regulations in Indonesia.
Abstrak: Contempt of court sering menjadi bahan perbincangan menarik, salah satunya dalam program pembangunan hukum nasional, hal ini tidak terlepas dari maraknya fenomena tindakan yang dianggap mencederai kewibawaan institusi peradilan di Indonesaia. Ketentuan Contempt of Court yang dahulu asing memang telah termuat dalam penjelasan Undang Undang No. 14 Tahun 1985 Tentang Mahkamah Agung butir 4 alinea ke-4 tidak sesuai dengan harapan bangsa Indonesia, dikarenakan tidak ada tindak lanjut dan pengaturan yang lebih konkret tentang Contempt of Court tersebut. Padahal ide pembentukan undang undang tentang Contempt of court ini, telah menjadi bagian dari kebijakan hukum tahun 2002 sebagaimana yang diamanahkan Undang Undang No. 25 Tahun 2000 tentang Program Pembangunan Hukum Nasional. Sistem peradilan pidana Indonesia termasuk kedalam sistem Non Adversary Model. Hakim memiliki tanggung jawab yang luas dalam menjalankan proses persidangan. Pengaturan Contempt of court tersebar dalam KUHP, KUHAP, dan beberapa peraturan perundang-undangan di Indoneisa.
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Fadhly, Muhammad Ridwan, Anita Afriana, and Sherly Ayuna Putri. "TINDAKAN CONTEMPT OF COURT DALAM PROSES PENYELESAIAN SENGKETA PERDATA DI INDONESIA DAN PERBANDINGANNYA DENGAN SINGAPURA." ADHAPER: Jurnal Hukum Acara Perdata 6, no. 2 (March 8, 2021): 1. http://dx.doi.org/10.36913/jhaper.v6i2.126.
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Contempt of Court behavior is rife in the process of resolving court disputes in Indonesia including civil disputes. Contempt of Court actions constitute an insult to the judiciary so that it is appropriate to be sanctioned as a deterrent eff ect. This study aims to determine the actions that can be qualified as a Contempt of Court in the settlement of civil disputes, as well as understanding the law enforcement of the Contempt of Court in the practice of dispute resolution in court and its comparison with Singapore. This study uses normative juridical methods. This method is carried out by examining library materials in the form of legislation, doctrine, and other scientific papers related to the Contempt of Court and interviews with sources to obtain primary data as a secondary data extras, which is then analyzed in a qualitative juridical analysis. The results of the research show that Civil Contempt actions in the practice of civil dispute resolution processes can be interpreted as any act done intentionally not in compliance with every summons, orders, decrees, warnings, or decisions issued by the court resulting in losses to parties who litigate and undermine the authority, dignity and honor of the court. Law enforcement against the actions of Civil Contempt of Court in Indonesia is still considered less eff ective when compared to Singapore. Singapore has included its arrangements in written rules governing the qualifi cations of actions and sanctions imposed. In addition to administrative and civil sanctions, criminal sanctions also apply in order to increase the effectiveness of enforcement of the Civil Contempt of Court.
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Subarsyah, T. "Contempt of Court in Indonesian Criminal Justice System." International Journal of Science and Society 2, no. 3 (August 7, 2020): 312–21. http://dx.doi.org/10.54783/ijsoc.v2i3.177.
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Contempt of court is a cutting the edge in this era. This situasion mostly happened when some people insulted the dignity of the court in case of expressing their disatisfaction to the court. Therefore, contempt of court is a part of criminal offense eventhough there are stipulations concerning the issue. However it does not give any detterent effect since the image of the court remains negative in this country. Therefore, with the Contempt of Court Act and stipulations in the Penal Code on the offense classified as contempt of court, it none other is to guard the authority and privilege of the respect of the court that is impartial and the place where people seek justice.
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Agung, Dirga, Judhariksawan Judhariksawan, Syamsuddin Muchtar, and Winner Sitorus. "Contempt of Court: Some Considerations for Weighting Criminal Sanctions." Scholars International Journal of Law, Crime and Justice 5, no. 8 (August 24, 2022): 318–22. http://dx.doi.org/10.36348/sijlcj.2022.v05i08.003.
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Increasingly expanding various actions that have been categorised as contempt of court, which threaten the authority of the court, it is necessary to regulate. The research method used is the normative legal method using statute, case, and conceptual approaches. This research is a legal study based on norms in force related to the contempt of court in existing regulations. The results show that all forms of actions that, in principle, disrupt safety, psychological and physical calm both inside and outside the trial, can be categorized as contempt of court. Although contempt of court has not been regulated clearly and firmly in statutory regulation many events can be classified as contempt of court. The scope of contempt of court in the justice system in Indonesia is very broad. The weighting of criminal sanctions is imposed based on the category of the seriousness of the crime committed by the defendant. Criminal weighting can be given if a crime fulfils special elements. Considering that the criminal justice process takes much time or is complex contempt of court can be used as a factor in increasing criminal sanction by the defendant so that there is no need for a new or separate criminal justice process to be held.
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M, Sareh Wiyono. "URGENSI PEMBENTUKAN UNDANG-UNDANG TENTANG PENGHINAAN DALAM PERSIDANGAN (CONTEMPT OF COURT) UNTUK MENEGAKKAN MARTABAT DAN WIBAWA PERADILAN." Jurnal Hukum dan Peradilan 4, no. 2 (July 31, 2015): 257. http://dx.doi.org/10.25216/jhp.4.2.2015.257-266.
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The law of contempt of court must be formed immediately along with the restriction of which action becomes part of contempt in the court or which one doesn’t. The judge must improve the professionalism and self-Integrity in running the duty and obligationKeywords : Urgency, Contempt, Court
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Djula, Siti Rahmawati. "The Formation Of The Contempt Of Court Law To Maintain The Dignity Of Peradi And Indonesia." Estudiante Law Journal 1, no. 1 (February 19, 2019): 223–41. http://dx.doi.org/10.33756/eslaj.v1i1.13301.
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Abstract: The purpose of this research is to analyze rule idea contempt of court in the law as a form of obedience to maintain the dignity of the Indonesian judiciary It is often found that many visitors in a court process make actions that do not respect the course of the trial, such actions can be categorized as criminal acts against the judicial process or what is known as contempt of court Contempt of court in Indonesia has not been regulated in an integrated manner in one legislation, so based on that this research was conducted with the hope of getting the best solution in concocting the idea of contempt of court . to strengthen compliance in the Indonesian judiciary This type of research is normative legal research with a statutory approach , a conceptual approach, a comparative approach an nd a case approach. The analysis used in this research is deductive data analysis using a qualitative approac . Based on the results of the study, the answers to the existing problems were obtained, that a Contempt Of Court arrangement was needed separately in aaw, this is intended to uphold dithe gnity and ensure the judicial process runs without interference or threats from various parties. While the regulation on CoC can only be found in a few norms that seem separate, act it is s, till very biased when the regulation of the same act is regulated based on different regulations, with unclear procedures, so that specific and comprehensivearrangementse needed to be related to the Contempt Of action . Court through the idea of the Contempt Of Court Act The presence of the Contempt Of Court Law can bebe newope for the face of judicial power in Indonesia.Keywords: Rules Idea, Contempt Of Court , Judicial Obedience
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Musyafaah, Nur Lailatul, Sri Warjiyati, and Hammis Syafaq. "Tindak Pidana Contempt of Court Perspektif Hukum Islam." Al-Jinayah Jurnal Hukum Pidana Islam 7, no. 2 (December 10, 2021): 283–302. http://dx.doi.org/10.15642/aj.2021.7.2.283-302.
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The court is a place to seek justice. It is a place that must be respected. However, there are still many cases of contempt of court. This is contrary to the Criminal Code and Islamic law. This study examines the contempt of court perspective of Islamic law. This research is a library and qualitative research. Data collection is carried out through literature studies derived from laws, books, and journals. The collected data is described for deductive analysis using Islamic law. The results of the study mentioned that in Indonesia there is no specific law on Contempt of court. Contempt of court is based on criminal code articles 210, 2lindung16, 217, 221, 222, 223, 224, 225, 242, 222, 231, 232, 233, 317, 417, 552. In Islamic law, contempt of court is a prohibited act as described in the Qur'an and hadith. The sentence is in accordance with the form of the contempt of the court perpetrator's actions and the consequences they cause. If the terms of his sentence are not mentioned in the Qur'an and hadith, then the judge can decide based on his ijtihad called ta'zir.
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Andriani, Agustini. "Criminal Acts Against the Judicial Process (Contempt of Court) According to the New Criminal Code about the Right to Immunity of Advocates in Court." Jurnal Indonesia Sosial Teknologi 5, no. 6 (June 19, 2024): 2847–60. http://dx.doi.org/10.59141/jist.v5i6.1113.
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The birth of the new Criminal Code brought nuances of renewal in the world of justice in Indonesia. However, it also caused upheaval and differences of opinion regarding regulating several aspects of criminal law, including regulating Criminal Acts Against the Judicial Process (Contempt of Court). The regulation of Contempt of Court actions in the new Criminal Code raises pros and cons in society, including advocates who often intersect with the judicial world. The existence of several articles regulating multi-interpretive contempt of court actions is considered to threaten the existence of the Advocate's Right to Immunity in Court. This study aims to analyze the regulation of the Contempt of Court criminal acts regarding the right to immunity of advocates in Court. The research method used is normative legal research using an analytical descriptive approach. This study found that the articles of Contempt of Court in the new Criminal Code, which are multi-interpretive, can limit the space for advocates to express opinions and defend themselves before the court. If these articles are not interpreted properly and correctly, they can become a medium for criminalization by specific individuals against advocates in court.
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Panggabean, HP. "URGENSI PEMBUATAN UNDANG-UNDANG CONTEMPT OF COURT UNTUK MENEGAKKAN MARTABAT DAN WIBAWA PERADILAN." Jurnal Hukum dan Peradilan 4, no. 2 (July 31, 2015): 241. http://dx.doi.org/10.25216/jhp.4.2.2015.241-256.
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It’s time to draft the contempt of court bill to guarantee the dignity and soverignity of court institution and the law enforcement process, the supreme of court makes strong effort to improve the supervision of judge performance quality and administrative official judiciaryKeywords : Act Urgency, Contempt of Court, Court Dignity
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Phiri, Christopher. "A Curious Decision by Zambia’s Highest Court: Six Years Imprisonment for Civil Contempt?" African Journal of Legal Studies 12, no. 2 (December 19, 2019): 115–38. http://dx.doi.org/10.1163/17087384-12340046.
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Abstract On 23 November 2018, the Supreme Court of Zambia delivered a judgement which suggests that Zambian judges have virtually unbridled power to move on their own motion to punish for contempt of court anyone who criticises their judicial decisions. This article considers that judgement. It argues that whilst justice might well have been done in the case in question, it was certainly not seen to be done. Two main reasons are given for this argument. First, the judges appeared to have acted both as prosecutors and adjudicators in their own cause when it was neither urgent nor imperative to act immediately on their own motion. Second, the classification by the Court of the contempt in question as civil contempt rather than criminal contempt is alien to the common law world. The article culminates in a clarion call for the Zambian legislature to intervene and clarify the law of contempt of court to avert capricious and unbridled invocation of the judicial power to punish for contempt.
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Starovoytova, S. "SET OF FACTS OF ADMINISTRATIVE OFFENCE FOR CONTEMPT OF COURT OR THE CONSTITUTIONAL COURT OF UKRAINE." Scientific notes Series Law 1, no. 10 (July 2021): 88–93. http://dx.doi.org/10.36550/2522-9230-2021-10-88-93.
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The article is focused on the analysis of set of facts of an administrative offense for contempt of court or the Constitutional Court of Ukraine under the Art. 185-3 of the Code of Ukraine on Administrative Offenses. The author has revealed the content of the main elements of the set of facts of an administrative offense for contempt of court or the Constitutional Court. It has been indicated that, unlike the established affirmation, the object of an administrative offense is not public relations in the field of judicial proceedings, but their specific element – it is the obligation of participants of the trial to comply with the established rules of conduct as part of the content of procedural legal relations. It has been clarified that the action, as a feature of the objective aspect of the offense under the Art. 185-3 of the Code of Ukraine on Administrative Offenses can be manifested either in the action or omission. The main possible manifestations of actions and omission as manifestations of contempt of court or the Constitutional Court of Ukraine have been highlighted. The author has supported propositions on formalization of general rules of conduct in court and during court hearings. The author has proved the necessary to study the correlation of procedural and administrative offences committed during a court hearing, as well as the ratio of procedural coercive measures with administrative liability measures for contempt of court or the Constitutional Court of Ukraine. The author has clarified the expediency to unify approaches on determining the concept of “malicious evasion from appearing in court” in terms of the multiplicity of committing the offense. It has been stated that subjects of an administrative offense for contempt of court can be divided into general and special ones. It has been emphasized that an expert as a special subject of an administrative offense under the Art. 185-3 of the Code of Ukraine on Administrative Offenses is solely responsible for contempt of the Constitutional Court of Ukraine. Therefore, the author has offered to admit an expert as a special subject of administrative liability for contempt of court.
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Mulyadi, Lilik. "URGENSI DAN PROSPEK PENGATURAN (IUS CONSTITUENDUM) UU TENTANG CONTEMPT OF COURT UNTUK MENEGAKKAN MARTABAT DAN WIBAWA PERADILAN." Jurnal Hukum dan Peradilan 4, no. 2 (July 31, 2015): 275. http://dx.doi.org/10.25216/jhp.4.2.2015.275-298.
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Contempt of court law is urgent, immediately, and urge, so need critically, academicly, and comprehendship analyzing and research to protect the honour and uphold the dignity and souverignty of the courtKeywords : Ius Constituendum, Contempt of Court, Court Dignity
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Soplanit, Miracle, Andress D. Bakarbessy, and Saartje S. Alfons. "CONTEMPT OF COURT IN THE PERSPECTIVE TO DO NOT IMPLEMENT DECISION OF ADMINISTRATIVE." International Journal of Advanced Research 9, no. 11 (November 30, 2021): 937–45. http://dx.doi.org/10.21474/ijar01/13825.
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The purpose of research is to knowing how the construction of contempt of court on the action that is not implementing the court ruling of administrative court. The method of research is yuriction normative which is using the approach of legal norm and conceptual approach . This Research done with analyzing the primarily and secondary of legal material. Result of research is showing that contempt of court consists of the aspect of criminal insult and civil insult . Civil insult cover all activities that is not implementing the court ruling , so its not implementing court decision of administrative which has been have the power of permanent law is also categorized as action of contempt of court.
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Wirya Darma, I. Made. "LEGAL REFORM DELIK CONTEMPT of COURT DALAM RUU KUHP 2019." DiH: Jurnal Ilmu Hukum 16, no. 2 (July 14, 2020): 190–200. http://dx.doi.org/10.30996/dih.v16i2.3314.
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AbstractArticle 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.Keywords: contempt of court; criminal law; legal reform AbstrakPasal 281 huruf c draf terbaru RUU KUHP 2019 menyatakan, setiap orang secara melawan hukum merekam, mempublikasikan secara langsung, atau membolehkan untuk dipublikasikan segala sesuatu yang dapat mempengaruhi sifat tidak memihak hakim dalam sidang pengadilan dipidana penjara paling lama 1 tahun. Tindakan lain yang masuk dalam kategori contempt of court yakni bersikap tidak hormat terhadap hakim atau persidangan atau menyerang integritas atau sifat tidak memihak hakim dalam sidang pengadilan. Demikian juga dengan ketentuan Pasal 282 RUU KUHP 2019, ada dua jenis tindak pidana yang mengancam advokat di pasal tersebut. Pertama, mengadakan kesepakatan dengan pihak lawan klien jika mengetahui atau sepatutnya menduga bahwa perbuatan tersebut dapat merugikan kepentingan kliennya. Kedua, mempengaruhi panitera, panitera pengganti, juru sita, saksi, juru bahasa, penyidik, penuntut umum, atau hakim dalam perkara, dengan atau tanpa imbalan. Seseorang bisa dianggap melanggar bila memenuhi delik contempt of court, yakni; (a) tidak mematuhi perintah pengadilan atau penetapan hakim yang dikeluarkan untuk kepentingan proses peradilan; (b) bersikap tidak hormat terhadap hakim atau persidangan atau menyerang integritas atau sifat tidak memihak hakim dalam sidang pengadilan; (c) dan secara melawan hukum merekam, mempublikasikan secara langsung, atau membolehkan untuk dipublikasikan segala sesuatu yang dapat mempengaruhi sifat tidak memihak hakim dalam sidang pengadilan. Redaksional dari pasal tersebut perlu diperjelas, misalnya terkait dengan apa yang dimaksud tindakan tidak hormat atau menyerang integritas hakim sehingga tidak menimbulkan multitafsir dalam penerapannya. Sehingga ada potensi kriminalisasi terhadap pihak-pihak yang mengkritik atau menyiarkan informasi, sehingga memengaruhi independensi hakim. Muncul kekhawatiran pasal contempt of court atau penghinaan terhadap pengadilan dalam RUU KUHP berpotensi jadi pasal karet. Delik contempt of court memang sudah diatur dalam KUHP, namun konsep contempt of court dalam RUU KUHP memiliki tafsir berbeda yang justru lebih menyasar pengkritik peradilan.Kata kunci: contempt of court; hukum pidana; legal reform
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Smith, Anthony F. "Contempt of Court." Australian Journal of Forensic Sciences 27, no. 2 (July 1995): 65–70. http://dx.doi.org/10.1080/00450619509411330.
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Hasibuan, Otto. "CONTEMPT OF COURT DI INDONESIA, PERLUKAH?" Jurnal Hukum dan Peradilan 4, no. 2 (July 31, 2015): 267. http://dx.doi.org/10.25216/jhp.4.2.2015.267-274.
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Contempt of Court law needs to be made apart with specific law, but waiting or at least fulfillment at once the changed of law system with the comprehendship way and improving the professionalism of judge, attorney, police officer, advocat, journalist, and socialization to the society of justice seeker.Keywords : Contempt of Court, Indonesia
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Nadiyya, Ahsana. "URGENSI CONTEMPT OF COURT DALAM PELAKSANAAN PUTUSAN PTUN: STUDI PERBANDINGAN INDONESIA DAN THAILAND." Yustitia 8, no. 1 (April 30, 2022): 48–61. http://dx.doi.org/10.31943/yustitia.v8i1.148.
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The implementation of the decisions of the State Administrative Court (PTUN) in positive law has been strengthened by using administrative and civil coercive measures in the form of imposition of forced money. However, in the decision execution mechanism, the Administrative Court does not have an executive body, so that the State Administration Officer is often disobedient and does not implement the Administrative Court decisions. Thus, citizens' constitutional rights to justice that have been decided by the State Administrative Court can be threatened. This study aims to compare the PTUN system in Thailand and Indonesia and analyze the urgency of contempt of court action. This research uses normative research with a statutory approach and a comparative approach. The results of this study are that there is no regulation regarding the contempt of court and the executorial institutions of the Administrative Court decisions in Indonesia. Meanwhile, Thailand already has a contempt of court regulation and an executive body that functionally carries out the execution of litigants. Therefore, the regulation and implementation of contempt of court to State Administration Officials who do not implement the Administrative Court decisions is an urgency to increase the effectiveness of the execution of Administrative Court decisions in Indonesia.
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Trivedi, Tanvi. "Freedom Of Speech And Expression Vis-À-Vis Contempt Of Court With Special Reference To Prashant Bhushan Case." Journal of Legal Studies & Research 09, no. 03 (2023): 07–19. http://dx.doi.org/10.55662/jlsr.2023.9301.
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The present research paper explores the intricate matters pertaining to freedom of expression and contempt of court in the Indian context. The article commences by emphasizing the significance of freedom of speech and expression as a fundamental human right that is ensured by the Universal Declaration of Human Rights (UDHR) and the Constitution of India. It focuses on the examination of the right to freedom of speech and expression in India, and its safeguarding through the constitutional provision of Article 19(1)(a). Notwithstanding, the entitlement to this right is not without limitations, and certain constraints are necessary to forestall any act of defamation or contempt of court. According to the Constitution’s Article 19(2), invoking Article 19(1) necessitates additional deliberation. This paper explores the notion of contempt of court in India and its classification as either a civil or criminal offense in accordance with the Contempt of Court Act of 1971. The primary objective of the law is to safeguard the judicial system from undue political interference and unjustifiable censure, and it employs legal measures to penalize individuals who seek to undermine its integrity. Despite their similarities, it is worth noting that the consequences for contempt of court are comparatively less severe than those for defamation. This research offers a comprehensive examination of the Prashant Bhushan case, underscoring the intricate equilibrium between the fundamental right of freedom of speech and expression and the offense of contempt of court. Prashant Bhushan, a prominent legal practitioner, faced allegations of contempt of court due to a tweet that expressed criticism towards the judiciary. The aforementioned case ignited a nationwide discourse regarding the boundaries of unrestricted expression and the judiciary’s responsibility in safeguarding its standing. The study concludes that the imperative of safeguarding the judiciary and averting contempt of court necessitates a harmonization with the entitlement to freedom of speech and expression. Although the Indian Constitution provides for the fundamental right to freedom of expression, it is constrained by specific restrictions. The Contempt of Court Act of 1971 offers a means of penalizing individuals who exhibit behaviour that is deemed contemptuous. However, it is imperative that this mechanism is employed with discretion to prevent the suppression of free expression. The case of Prashant Bhushan underscores the necessity of adopting a nuanced methodology in reconciling the divergent interests at play.
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Alfons, Saartje Sarah. "Konsekuensi Yuridis Terhadap Diabaikannya Pelaksaan Putusan Pengadilan Tata Usaha Negara Yang Telah Memiliki Kekuatan Hukum Tetap." SASI 24, no. 2 (February 28, 2019): 179. http://dx.doi.org/10.47268/sasi.v24i2.132.
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Unlawful Consequences of Justice in the execution of the decision of the State Administration court by government officials, are arbitrary and contempt of court actions which may be subject to administrative sanctions as well as unlawful acts that may be sued in civil courts.
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Miarsa, Fajar Rachmad Dwi, M. Zamroni, Ahmad Heru Romadhon, and Cholilla Hazir Adhaningrum. "Contempt of Court dalam Pelaksanaan Putusan PTUN: Suatu Perbandingan Indonesia dan Prancis." Journal of Judicial Review 23, no. 1 (June 1, 2021): 97. http://dx.doi.org/10.37253/jjr.v23i1.4351.
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The aim of comparing the TUN judicial system in France with the Indonesian state is to provide an analysis of the competence of state administration justice in France (its administrative court), particularly regarding the administrative or technical implementation of the judiciary. This can provide direction for the ius constituendum in the competence of the Indonesian State Administrative Court, as well as explain contempt of court actions in the implementation of TUN Judicial decisions between Indonesia and France. The research was conducted using a normative juridical approach and has a literary nature. The Indonesian state administration court system still expects an ius constituendum regarding contempt of court regulation. The French state is known as a country that has judicial authority in the world so that the French state does not recognize contempt of court in the application of the TUN court decision.
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H. Yusep Mulyana. "Actions That Obstacle The Justice Process (Contempt Of Court) in The Criminal Law System in Indonesia." East Asian Journal of Multidisciplinary Research 2, no. 2 (February 28, 2023): 811–22. http://dx.doi.org/10.55927/eajmr.v2i2.3025.
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In Law Number 1 of 2023 concerning the Criminal Code, especially Article 281, criminal acts against the court process (contempt of court) are punishable by imprisonment for a maximum of 1 year or a fine of up to 10 million rupiah. The actions included in the offense of contempt of court, among others, are aimed at anyone who: Does not comply with a court order or a judge's decision issued for the benefit of the judicial process. Being disrespectful to judges or the trial or attacking the integrity or impartiality of judges in court proceedings; or Unlawfully record, publish directly, or allow for publication anything that can affect the impartial nature of judges in court hearings. The environment of the court body must be able to become a legal institution that is trusted by the public. These events should be viewed from the perspective of the "consequences" that events could have had. Some of the public are of the opinion that sometimes courts are not really a place to seek and find justice. This assumption arose because of a number of previous events. For example, there were cases of judges and other court officials who were tried and convicted of accepting bribes. Another incident, there are arrears of cases that are not terminated in accordance with the principle of simple and fast. Therefore, it is important to strengthen public trust. This is to reduce the number of contempt of court and to foster the public's desire to maintain and protect the honor of the court and judges from all forms of harassment.
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d'Orbán, P. T. "Psychiatric aspects of contempt of court among women." Psychological Medicine 15, no. 3 (August 1985): 597–607. http://dx.doi.org/10.1017/s0033291700031457.
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SynopsisThe case histories of 72 women admitted to prison for contempt of court in 1979–83 were reviewed. The sample included 45% of all women imprisoned for contempt in England and Wales over the 5-year period. The contemnors were significantly older than other sentenced prisoners, one third were foreign born and 37–5% were suffering from psychiatric disorder. Two thirds of the mentally disordered group had a paranoid disorder, litigiousness was a prominent feature of their illness, and 52% committed contempt in the context of a matrimonial dispute or a dispute with neighbours. Recent legislation may help to prevent the imprisonment of mentally ill contemnors.
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Boedhiarti, Endhang. "URGENSI PENGATURAN CONTEMPT OF COURT DI INDONESIA DI MASA YANG AKAN DATANG (IUS CONSTITUENDUM)." Jurnal JURISTIC 1, no. 03 (August 5, 2021): 191. http://dx.doi.org/10.35973/jrs.v2i02.2556.
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<p>Permasalahan perkembangan masalah fenomena sosial yang secara yuridis perbuatan tersebut dianggap bertentangan dengan hukum dan nilai yang hidup dalam masyarakat, salah satunya dinamakan <em>contempt of court. </em>Yaitu setiap perbuatan, tingkah laku, sikap dan/atau ucapan yang merendahkan, menghina dan merongrong kewibawaan, martabat, dan kehormatan badan peradilan. Hukum pidana positif Indonesia belum mampu menyentuh segala bentuk tindak pidana <em>contempt of court </em>dan belum mempresentasikan pengertian dan ruang lingkup <em>contempt of court </em>secara lengkap dan integral, serta pengaturan yang belum diatur secara mandiri dan masih tersebar dalam peraturan perundangan pidana. Pasal 217 KUHP merupakan salah satu bentuk perbuatan <em>contempt of court </em>yang dilakukan secara langsung di dalam pengadilan. Perbuatan <em>contempt of court </em>tersebut bersifat kontradiktif dengan tujuan peradilan yang bersih serta berwibawa sebagai pelaksana kekuasaan kehakiman. Metode penelitian yuridis normatif digunakan untuk menjawab permasalahan ini. Pendekatan untuk mengkaji permasalahan ini menggunakan pendekatan perundang-undangan (<em>statute approach</em>), pendekatan historis (<em>historical approach</em>), dan pendekatan perbandingan (<em>comparative approach</em>) dengan menggunakan data sekunder. Bahwa melindungi keseimbangan atau membangun kembali sistem hukum pidana nasional harus disusun dengan berorientasi pada berbagai pokok pemikiran dan ide dasar keseimbangan. Dipandang perlu untuk adanya suatu aturan atau ketentuan mengenai <em>contempt of court </em>di masa yang akan datang (<em>ius constituendum</em>).</p>
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Loqman, Loebby. "Tindak Pidana terhadap Penyelenggaraan Peradilan." Jurnal Hukum & Pembangunan 19, no. 6 (June 13, 2017): 572. http://dx.doi.org/10.21143/jhp.vol19.no6.1174.
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Pengaturan atas Contempt of court diperlukan sebagai upaya untuk kepentingan itu sendiri. Namun terlebih dahulu perlu batasan bahwa pemberian perlindungan kepada kepentingan hukum dari penyelenggaraan menyangkut kekuasaan kehakiman. Pengaturan Contempt of court, menurut penulis, seyogyanya menjadi bagian dari KUHP Nasional, tidak dalam suatu undang-undang yang khusus.
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Lau, Martin. "Contempt of Court Case." Yearbook of Islamic and Middle Eastern Law Online 16, no. 1 (2010): 489–503. http://dx.doi.org/10.1163/22112987-91000268.
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Smith, A. T. H. "Intentional Contempt of Court." Cambridge Law Journal 51, no. 2 (July 1992): 203–6. http://dx.doi.org/10.1017/s0008197300095416.
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Wahyono, Padmo. "Contempt of Court dalam Proses Peradilan di Indonesia." Jurnal Hukum & Pembangunan 16, no. 4 (June 14, 2017): 365. http://dx.doi.org/10.21143/jhp.vol16.no4.1211.
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Dari bahasa yang digunakan jelas bahwa contempt of court adalah suatu mekanisme hukum yang timbul dalam dunia Anglo-Saxon dengan case-law-nya (Foekema Andreae). Pada sistem hukum dengan pola case-law, di mana lebih diutamakan hukum yang tumbuh dari penyelesaian cases, masalah contempt of court tumbuh karena tiadanya atau lemahnya jaminan dalam hukum tertulis yang dibuat oleh negara dalam proses peradilan. Sehingga rumusannya puntumbuh daripada yang dalam lingkungan sistem hukum tertulis disebut dengan yurisprudensi.
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Shust, H. P., O. S. Khovpun, and O. V. Batryn. "Gaps in Administrative and Legal Regulation of the Liability Institution for Direct Contempt." Bulletin of Kharkiv National University of Internal Affairs 93, no. 2 (July 2, 2021): 221–32. http://dx.doi.org/10.32631/v.2021.2.19.
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The publication is focused on studying the state of legal regulation of the liability institution for direct contempt. Cases of direct contempt’s manifestation are negative phenomenon, since they negatively affect the activities and image of the judicial system; they are demonstration of the level of trust to the judicial power; they create obstacles in the formation of confident relationship between citizens and the court; they prevent the state from fulfilling its obligations to ensure everyone’s right to a fair trial.
The current legislation of Ukraine has been analyzed. It has been established that the legislation has many gaps that need to be addressed immediately. Shortcomings in legal regulation hinder the full functioning of the liability institution for direct contempt on equal and fair terms, since they allow for ambiguous interpretation of the law norms and evaluation of a person’s actions.
The authors have studied some gaps in legal regulation of the liability institution for direct contempt. It has been offered to combine all the shortcomings of the legislation into two groups: of qualifying and procedural nature. Qualifying shortcomings include problematic issues related to the qualification of a person’s actions (regarding the forms of direct contempt, the place and time of the action, the subjects of the offense). Procedural shortcomings include problematic issues related to the procedure for prosecuting direct contempt, in particular determining the range of courts that may hear such cases and the consistency of their powers; the procedure for appointing a judge to hear such cases; the need to draw up the minutes on administrative offenses and to record the procedure of hearing the case; features of notifying a person about the time and place of hearing the case on administrative offenses, etc.
The opinions of scholars and practitioners on the functioning of the liability institution for direct contempt in Ukraine have been analyzed. The authors have formulated propositions on improving the legal regulation of the liability institution for direct contempt.
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Dembows, Hans. "Stealth Censorship: How the Calcutta High Court is suppressing a sociological book on Public Interest Litigation." Socio-Legal Review 7, no. 1 (January 2011): 75. http://dx.doi.org/10.55496/vtcj7339.
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Ten years ago, Oxford University Press published Hans Dembowski's book 'Taking the State to Court - Public Interest Litigation and the Public Sphere." Shortly afterwards, OUP discontinued international distribution, because the Calcutta High Court initiated contempt-of court proceedings against author and publisher. The case has regrettably been kept pending, no judgment was passed. A sociological study that deals with highly relevant issues, including urban planning, governance and the role of the judiciary, the author argues that it is of central importance to academic discussion. In this comment, the author and his academic supervisor develop on this argument, and speak of why it does not amount to contempt of court.
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Suhariyanto, Budi. "Urgensi Kriminalisasi Contempt of Court untuk Efektivitas Pelaksanaan Putusan Peradilan Tata Usaha Negara." Jurnal Konstitusi 16, no. 1 (April 1, 2019): 192. http://dx.doi.org/10.31078/jk16110.
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Undang-Undang Peradilan Tata Usaha Negara telah mengatur mengenai mekanisme pelaksanaan putusan dengan menggunakan upaya paksa administratif dan perdata berupa pengenaan uang paksa. Pada praktiknya mekanisme ini kurang efektif karena masih ada Pejabat TUN yang tidak mau patuh melaksanakan putusan Pengadilan TUN. Perlu adanya kriminalisasi contempt of court terhadap Pejabat TUN yang melakukan pembangkangan tersebut karena dampaknya adalah terabaikannya hak konstitusional warga atas keadilan yang telah diputuskan oleh Pengadilan TUN. Dengan kriminalisasi ini maka dapat memberikan jaminan kepastian hukum dan perlindungan terhadap rakyat atas kesewenang-wenangan Pejabat TUN. RUU Contempt of Court telah memasukkan ancaman pidana bagi para pihak yang tidak mau mematuhi putusan pengadilan. Secara fundamental yang dilindungi dari kriminalisasi ini adalah kepentingan keadilan dan eksistensi Negara hukum Indonesia.Law on State Administration has set regarding the enforcement mechanism by using administrative and civil forceful measures include the imposition of forced currency. In practice this mechanism is less effective because there are officials who do not want to obey implement the Court’s decision TUN. The need for the criminalization of contempt of court against officials who do disobedience TUN because its impact is the neglect of the constitutional rights of citizens to justice that have been decided by the Court of TUN. With this criminalization, it can provide legal certainty and the protection of the people over the arbitrariness of officials TUN. Contempt of Court Bill has included criminal sanctions for those who fail to comply with the court ruling. Fundamentally protected from criminalization of this is in the interests of justice and the existence of the laws of Indonesia.
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Sjawie, Hasbullah F. "Sekelumit Catatan Mengenai Tindak Pidana Contempt of Court di Indonesia." Jurnal Hukum & Pembangunan 24, no. 4 (August 29, 1994): 324. http://dx.doi.org/10.21143/jhp.vol24.no4.452.
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Istilah "contempt of Court" berasal dari bahasa Inggris, yang kadang kala dipadankan dengan istilah pelecehan terhadap pengadilan, yang mana dapat diartikan sebagai suatu pelanggaran, penghinaan atau sikap memandang rendah pengadilan. Lebih lanjut secara umum "Contempt of Court" dapat diterjemahkan sebagai suatu perbuatan yang sungguh secara sengaja dilakukan, yang dipandang dapat mempermalukan kewibawaan dan martabat pengadilan atau merintangi pengadilan didalam menjalankan peradilan, yang dilakukan oleh seseorang sebagai pihak yang berperkara maupun oleh orang lain yang bukan pihak dalam berperkara.
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Nalyvaiko, Larysa, Vasyl Ilkov, Iryna Verba, Olha Kulinich, and Oleksandr Korovaiko. "Specific features of the legal regulation of prosecution for contempt of court: judicial rules established in different countries." Cuestiones Políticas 40, no. 74 (October 25, 2022): 393–409. http://dx.doi.org/10.46398/cuestpol.4074.21.
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The purpose of the article is to reveal the specific features of prosecution for contempt of court in different countries. The methodological basis of this research is a set of general scientific methods (dialectics, abstraction, generalization, analysis, modelling) and special methods of scientific cognition (comparative and legal method, etc.). The existing types of responsibility and penalties for committing contempt of court in different countries of the world have been characterized. The authors have carried out the analysis of the experience of legal liability for manifestation of contempt of court rules established in the United States, Canada, France, Australia, Belgium, Poland, Great Britain, New Zealand, Ireland and India, which allowed to highlight the positive provisions for improvement of legislation in this area. It has been concluded that the purpose of establishing the aforementioned responsibility is to guarantee the administration of justice and the rule of law, maintain and strengthen public confidence in the judicial system, safeguarding the continuity of the judicial process. Based on the analysis of regulatory legal acts and the jurisprudence of several countries in the world, the authors have made the classification by categories of actions that qualify as contempt.
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Vorobiei, Ye S., Ye A. Kobrusieva, and S. S. Fedorishchev. "THE PROBLEM OF APPLICATION OF THE LEGISLATION ON CONSIDERATION OF THE QUESTIONNAIRE OF THE INFRINGEMENT TO THE COURT." Actual problems of native jurisprudence, no. 4 (August 30, 2019): 129–33. http://dx.doi.org/10.15421/391928.
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The article deals with issues of disrespect to the court and the problems of the application of legislation aimed at preventing and terminating this phenomenon. Proposals for elimination of certain shortcomings of the current legislation are given. The approaches of scholars to the definition of “contempt of court” are analyzed and what enforcement measures are applied in accordance with the current legislation in case of committing administrative offenses of this category. The authors emphasize that today in the legislation of Ukraine there is no separate normative legal act that would determine the complete list of acts that fall under the definition of “disrespect to the court” and the range of responsible ones. It is shown that contempt of the court may be manifested both in the form of active actions and in the form of inactivity. Thus, active actions indicating disrespect for the court include the failure of the witness, the victim, the plaintiff, the defendant and other citizens to order the presiding judge, the violation of the order in the court, as well as the commission of any actions that indicate an obvious neglect of the court or established in court rules. The forms of inactivity include the absence of participants in the trial in court, which is one of the main reasons for the breach by the courts of Ukraine of time-limits for the consideration of cases of different categories by the courts of Ukraine. In general, the spread of disrespect to the court, the avoidance of guilty parties legal liability for such an offense, the lack of adequate premises for the courts, etc., lead to a failure by the Ukrainian state to fulfill its obligations to ensure the right to a fair trial. It is concluded that the state of respect for the courts and judges in Ukraine, in particular, is generally negative in Ukraine. The existing provisions of national law governing liability for disrespect to the court have rather modest forms of punishment. Therefore, in our opinion, it is expedient to further elaborate the outlined issues for a clear definition of the notion of “disrespect for the court” and the introduction of the rules of conduct of citizens in court common to all courts.
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Subarkah, Ibnu. "LAW ENFORCEMENT TO OFFENDERS’ RIGHTS BASED ON CONTEMPT OF COURT." Yustisia Jurnal Hukum 6, no. 3 (December 31, 2017): 552. http://dx.doi.org/10.20961/yustisia.v6i3.15180.
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<p>In legal field, especially related to judicial field of judiciary, efforts to reform criminal law to and to overcome justice and certainty are done incessantly which means that law enforcement efforts need to be effected. Some situations and conditions may reduce judicial image if the law enforcement is lacking or not being noticed at all. The existence of cases through legal, research, academic thinking, as well as opinion of legal practitioners have varied the existence of judiciary images. Therefore, this research is specifically aimed to know, describe, and at the same time analyze the rights of defendants (offenders of rights) based on contempt of court.</p><p>The method used in this study is qualitative research prioritizing quality and primary and secondary data types. The primary data are taken empirically from the field and the secondary data are taken from literature study, documentation, determination of respondents by purposive sampling in which the interviewee is a judge.</p><p>The results show that, in practice, the rights of defendants are protected in accordance to the applicable provisions as well as the contempt of court issue. Due to the subjective perception of community in the course of trial, it is essentially needed to immediately draw up the Contempt of Court Law.</p><p>Keywords: Law Enforcement, Offenders’ Rights, Contempt of Court, Penal Reform</p>
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Jon, Wonyol. "On Implementing “Contempt of Court” into Korea." Justice 198 (October 31, 2023): 220–56. http://dx.doi.org/10.29305/tj.2023.10.198.220.
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