Analisis Yuridis Terhadap Perbuatan Yang Berindikasi Contempt Of Court Dalam Pelaksanaan Sidang Pengadilan (Studi Terhadap Pelaksanaan Peradilan Pidana Dalam Perkara Nomor 465/pid.sus/2017/pn.pbr)

Alkahfi, Yoga Abdul Khoir (2019) Analisis Yuridis Terhadap Perbuatan Yang Berindikasi Contempt Of Court Dalam Pelaksanaan Sidang Pengadilan (Studi Terhadap Pelaksanaan Peradilan Pidana Dalam Perkara Nomor 465/pid.sus/2017/pn.pbr). Other thesis, Universitas Islam Riau.

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Abstract

Law enforcement on the Criminal Code of Criminal Code Law No. 1 of 1946 article 217 where in the case of law enforcement when making noise in the court process, the judge firmly said that the act was contempt of court but in this case the judge ignored and was not strict in law enforcement and violating the norms of the criminal procedure law of Law No. 8 of 1981 where the judge is obliged to maintain the course of the judicial process and article 218 of the Criminal Procedure Code. Which is even though this is an action that indicates contempt of court but the judge heeded that the action did not indicate contempt of court in the study of the implementation of criminal justice cases No 465 / Pid.Sus / 2017 / Pn. Pbr. The main problem in this study is what lies behind legal actions that indicate contempt of court in the conduct of court hearings (studies of the implementation of criminal justice in cases No 465 / Pid.Sus / 2017 / PN.Pbr), What are the inhibiting factors for law enforcement against acts that indicates contempt of court (study of the implementation of criminal justice in cases No 465 / Pid. SUS / 2017 / PN.Pbr). The type of research used in this study is observational research legal research that is by normative and survey methods, while its nature is descriptive, namely research that aims to provide a more precise and concrete picture. Based on the results of the research conducted by the author about juridical analysis of actions that indicate contempt of court in court proceedings (studies on the conduct of criminal justice in case number 465 / Pid. Sus / 2017 / Pn. Pbr) that legal certainty must be enforced based on laws and morals must be enforced based on the ideology of the Indonesian nation, namely Pancasila, then there should be a new arrangement for the contempt of court bill specifically that does not separate legal and moral certainty as well as achieving legal justice and justice. The purpose of law is legal certainty, benefit, and fairness in its implementation should criminal law be materially enforced beforehand, before reaching benefit and justice.

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