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Experts blast new 'contempt of court' bill
Jakarta Globe - December 6, 2015
Neither the executive nor the legislative branches of government, the only ones authorized to draft legislation, have claimed credit for the bill, which has been included in next year's list of priority legislation, activists say.
The nongovernmental group Institute for Criminal Justice Reform argues that the bill will eliminate transparency and accountability from the country's judicial system.
Article 24 of the bill forbids the media from covering an ongoing trial, and threatens reporters and their chief editors with a maximum jail sentence of 10 years or fines of up to Rp 1 billion ($72,250) for violating the prohibition.
The bill claims that allowing an ongoing trial to be covered by the press allows for a public opinion about the case to be established, which in turn can cloud the court's judgment.
The same bill would also bar anyone from publicly criticizing a court ruling, including those that may still be appealed, saying that such acts will demean judges and the supremacy of the law.
"This is an odd argument because it goes against a judge's principle of following and understanding people's sense of justice," said ICJR senior researcher Anggara.
He added there was a greater need for transparency in the Indonesian judiciary, given the number of judges arrested and convicted of taking bribes in exchange for favorable rulings.
"The judicial system is the main avenue for seekers of justice. It is important that the public's interest be prioritized in the system," Anggara said.
Asep Komarudin, of the Legal Aid Foundation for the Press, told Detik.com that the bill "will silence freedom of the press and freedom of expression."
Bayu Dwi Anggono, a legal expert from East Java's Jember University, told Detik that President Joko Widodo's administration must withdraw the bill from deliberation. "The bill is not in line with the president's commitment to advancing democracy. The president must exercise his right to reject the bill," he said.
Bayu said the press should be allowed to cover court proceedings and critics should be able to freely express their opinions on a court ruling.
"The judiciary needs to be controlled so that it does not stray from the Constitution and the law. The public, including the press, must be given the opportunity to express their views on the judicial process and its outcome," he said.
Source: http://jakartaglobe.beritasatu.com/news/experts-blast-new-contempt-court-bill/.
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