Article on Contempt of Court Process in the New Criminal Code: Between Respect and Concerns of Judges’ Unlimited Authority

Zico Junius Fernando1 & Panca Sarjana Putra2

https://doi.org/10.62271/pjc.16.3.747.762

Abstract
This study focuses on the importance of finding a balance between freedom of expression and the protection of the integrity of the judicial system within the framework of Indonesia’s new Criminal Code, Article 280, paragraph 1, letter b. This article, which is designed to maintain order and respect the authority of the courts, raises concerns regarding its impact on freedom of expression and potential abuses that could limit constructive criticism of the judicial system. This study employs normative legal research methods and a variety of approaches. This research examines the implementation of Article 280, paragraph 1, letter b of Indonesia’s new Criminal Code, focusing on the balance between respecting judicial authority and preserving freedom of expression. Through content analysis of the collected data, the study suggests several reforms, including establishing a clear code of conduct, offering regular training for law enforcement and court officials, creating a transparent complaints mechanism, and conducting ongoing evaluations of the article’s effects. The study stresses the importance of involving various stakeholders, such as the judiciary, legislature, legal professionals, academia, NGOs, and the public, in these reforms.

Keywords: Article 280 of the New Criminal Code, Freedom of Expression, Integrity of the Judicial System, Authority of Judges, Protection of Judicial Dignity.