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Siti Rahmawati Djula; Fence M. Wantu; Dian Ekawaty Ismail

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the Reconstruction of Contempt of Court Regulations  in Indonesia. Contempt of court is defined as an act of contempt against the judiciary. In Indonesia, the meaning of contempt of court is only interpreted narrowly so that it is considered less inclusive of all judicial organizers. This type of research is normative legal research with a legislative, conceptual, comparative and case approach. The results of the study are that the position of the contempt of court regulation in Indonesia has been contained in a chapter in the latest Criminal Code, but its application has not been supported by formal procedures. The meaning of contempt of court in Indonesia is only interpreted narrowly, this can be seen in the latest Padal 281 of the Criminal Code which only seems to protect judges, the contempt of court regulation should  also protect all judicial organizers who are directly involved in a judicial process, namely the prosecutor, legal representatives, victims, witnesses, and all trial participants. Next, contempt of court in Indonesia also only accommodates criminal contempt and sets aside civil contempt so that there is no deterrent effect for people, officials and others who do not comply with judicial decisions. Therefore, there is a need for special arrangements related to contempt of court in Indonesia that regulate crimes (criminal contempt) and non-compliance with court orders (civil contempt).

Sigit Pratama Maulu; Fence M. Wantu; Zamroni Abdussamad

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the urgency of establishing an alternative institution for resolving agrarian disputes in the legal system in Indonesia. Land itself functions as a social asset and a capital asset. The role of land as a social asset is interpreted as a tool to strengthen social unity in people's lives, while capital assets are interpreted as land being an essential factor for development. The interest of every person to be able to own and control land for the benefit of life is the most basic thing why there must be serious efforts in handling agrarian conflicts in Indonesia. This study identifies two main issues, namely first, what is the urgency of establishing an alternative institution for resolving agrarian disputes in an effort to optimize conflict resolution, and second, what form of alternative dispute resolution is used in an alternative institution for resolving disputes in the agrarian sector. The research method used is normative research using a statutory approach, relying on statutory regulations as the main basis for conducting analysis and producing new concepts in handling conflicts. The results of this study indicate that although in practice there are already institutions that have the authority to resolve. However, in its implementation, there are still various obstacles, both in terms of procedural and implementation in the field. This is what then encourages the presence of a new legal system ecosystem for more concrete conflict handling in the agrarian sector.