LAW ENFORCEMENT TO OFFENDERS’ RIGHTS BASED ON CONTEMPT OF COURT

Ibnu Subarkah

doi:10.20961/yustisia.v6i3.15180

Abstract

In legal field, especially related to judicial field of judiciary, efforts to reform criminal law to and to overcome justice and certainty are done incessantly which means that law enforcement efforts need to be effected. Some situations and conditions may reduce judicial image if the law enforcement is lacking or not being noticed at all. The existence of cases through legal, research, academic thinking, as well as opinion of legal practitioners have varied the existence of judiciary images. Therefore, this research is specifically aimed to know, describe, and at the same time analyze the rights of defendants (offenders of rights) based on contempt of court.The method used in this study is qualitative research prioritizing quality and primary and secondary data types. The primary data are taken empirically from the field and the secondary data are taken from literature study, documentation, determination of respondents by purposive sampling in which the interviewee is a judge.The results show that, in practice, the rights of defendants are protected in accordance to the applicable provisions as well as the contempt of court issue. Due to the subjective perception of community in the course of trial, it is essentially needed to immediately draw up the Contempt of Court Law.Keywords: Law Enforcement, Offenders’ Rights, Contempt of Court, Penal Reform

Highlights

The independent courts should be free from any interference of any party, and the creation of legality in all its forms. This issue is in the field of judicial authority, and it is said by J Margarita Cheshmedzhieva (2014: 206) that governmental affairs in this matter of judicial authority are a matter of concern, “In the implementation of the performance according to the signal, the adverseeffects on those
Freidman (1975: 16) suggests that legal system is a complex form of organization in which structures, substances, and cultures react with each other
The function of this legal system is to divide and serve as a means of allocating values in accordance with the rights of the people, means of dispute settlement, controlling society, as well as means of renewal: “A legal system in actual operation is a complex organism in which structure, substance, and culture interact

Summary

Introduction

The independent courts should be free from any interference of any party, and the creation of legality in all its forms This issue is in the field of judicial authority, and it is said by J Margarita Cheshmedzhieva (2014: 206) that governmental affairs in this matter of judicial authority are a matter of concern, “In the implementation of the performance according to the signal, the adverseeffects on those. Freidman (1975: 16) suggests that legal system is a complex form of organization in which structures, substances, and cultures react with each other. The function of this legal system is to divide and serve as a means of allocating values in accordance with the rights of the people, means of dispute settlement, controlling society, as well as means of renewal:. “The prevention of such low-level crimes and the reductions in the relatively small costs to society resulting from such crimes indicate that investments in recidivism reduction programs aimed at individuals who commit such crimes would reach a point of diminishing returns much more quickly than if efforts were to target those individuals who are more likely to commit felonies, violent crimes, and crimes against people

Objectives

Methods