The Urgency of Reconstruction of Contempt of Court in Assuring the Implementation of the Decision of the Constitutional Court of the Republic of Indonesia

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Seno Wibowo Gumbira, Supanto, Muhammad Rustamaji, Agus Riewanto, Hartiwiningsih

Résumé

The purpose of this research is to examine the act of disobeying or neglecting Constitutional Court decision is relevant to be categorized as an act against the law in the concept of criminal contempt of court and assessing the urgency and ideal construction of contempt of court to assure the implementation of the Constitutional Court decision which reflects the power of the Judiciary of Indonesia. This research uses a juridical doctrinal approach. The result of the research denotes that every legal product, action or policy created by the legislative, executive and even judicial bodies (Supreme Court of the Republic of Indonesia) contravening the decision of the Constitutional Court reflects as actions/conducts consisting the elements of exceeding authority; confounding authority; arbitrarily act lead to the consequence of an Act against the Law based on the classification theory of contempt of court. In Indonesia, the provision of contempt of court disobeying a court order with the aim of sentencing criminal sanctions for all actions of disobeying or neglecting binding court decisions remains in absence of law. Therefore, the reformation of criminal law in accordance with the ideology of Indonesia is required.

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