Law on contempt of court needed: Adi
Law on contempt of court needed: Adi
JAKARTA (JP): Indonesia is badly in need of a law on contempt
of court to uphold the authority of the judiciary, experts have
said.
Former deputy chief justice Adi Andojo Soetjipto said that
such a law could elaborate the meaning of contempt of court.
"Until now we don't have a law which gives a clear explanation
about our understanding of contempt of court. We only use the
stipulation in the Penal Code on matters such as defamation," he
said.
"But lack of respect of the judicial institution is not caused
by lack of understanding on contempt of court," he said.
Judges who fail to bear their authority have also worsened the
situation, he said.
Adi said in other countries courtrooms were considered a
sacred place and judges were treated with respect. He said any
show of disrespect to court or judges would be regarded as
contempt of court.
During Thursday's trial of Zarina, the budding TV actress
charged with drug possession, gun-toting police officers marched
into the courtroom before the judge finished reading the verdict
-- an act which supposedly violated court rules which say a
weapon may only be brought into a courtroom with a special
permit.
The courtroom became chaotic after many photographers jostled
each other to get the best angle of the defendant, even jumping
onto the prosecutor's empty table and the judge's bench.
Officers from the court did not even try to intercede.
Adi said a law on contempt of court has never been drafted
because it was never considered important. He said, "Our people
have a general understanding of what defamation is."
"But in some cases, like when a spectator threw a shoe at the
judge, the perpetrator knew his act was against court rules," he
said. "But it (the incident) was understandable because the judge
himself lacked authority and was unable to bring order to the
courtroom," he said.
The perpetrator was seemingly angered by a court verdict that
jailed Sri Bintang Pamungkas, a government critic, to 34 months
in jail for defaming President Soeharto.
Adi said that such a reaction usually occurs in trials of
political cases, because the public often regards the verdicts
against their own conscience.
However, Bambang Widjojanto, chairman of the Indonesian Legal
Aid Foundation, said there actually are standing orders which
rule the courtroom but many spectators just do not care.
The rules include prohibition of bringing weapons inside the
courtroom and the obligation to dress decently.
When the public shows disrespect of the rules, the judge
should enforce discipline, Bambang said.
But he added that many people still show disrespect for the
judiciary.
"Many people believe that trials are unfair and that is why
they have no respect for the court," he said.
Bambang said it would be difficult to ask spectators --
reporters included -- to respect court rules because they
sometimes see the judiciary incapable of upholding its own rules.
Bambang said that the rules set a double standard. Citing
examples, in political-related cases courts impose excessive
restrictions, while in other cases -- such as Zarina's -- they
let people freely violate rules.
He also said it would be a waste of time to prepare a bill on
contempt of court if the judiciary was still reluctant to uphold
it.
Meanwhile, Atmakusuma from the Dr. Sutomo Press Institute,
said there was no special rules yet for reporters in covering
court sessions.
"I think it all depends on judges on how reporters should be
treated. In other countries, reporters are placed in a special
corner and photographers are not allowed to come in," he said.
"In my opinion, the way journalists hang out in court today is
disturbing. We need to make special guidelines for that."
He referred to the journalistic code of ethics which
stipulates proper behavior in general. (12)