The Urgency of Law Enforcement Against Contempt of Court in the Modern Criminal Justice System

Abstract

This study aims to determine and analyze the implementation of law enforcement against Contempt of court in the current criminal justice system, to determine and analyze the weaknesses of law enforcement against Contempt of court in the criminal justice system. This writing is a normative juridical type using the UU approach method, cases, research specifications are descriptive analysis, secondary data sources are taken from primary legal materials, secondary legal materials, tertiary legal materials, data collection methods through literature studies and analysis techniques using qualitative. The study shows that law enforcement against Contempt of court in the current criminal justice system is regulated in the Criminal Code and the National Criminal Procedure Code, however, the form of the regulation is not detailed which results in the lack of legal certainty in protecting the judicial process from all forms of intervention, intimidation or harassment of judicial institutions. There are weaknesses in the legal structure including weaknesses in the Integrity and human resources of law enforcement, challenges of trial by social media, weak security in the courtroom. Weaknesses in legal substance include contempt of court not being regulated in a special law, articles on contempt of court are not explained comprehensively, overlapping and indicated multiple interpretations, the Criminal Act of Contempt of court is not binding on all parties. Weaknesses in legal culture include weak public legal awareness and a lack of reflective culture and institutional awareness.