21 February 2025
Christoffel Daniel Yesaya Tambunan
FH-USU PR: Friday (21/02/2025), the Alumni Teaching event in celebration of the 71st Anniversary of FH USU was once again held, featuring Advocate and Curator, as well as FH USU alumnus, Ibnu Hidayah, S.H., M.H., C.L.A. The event took place in a classroom at FH USU and was attended by Faculty of Law students from various specializations.
The event was opened by the Secretary I of the FH USU 71st Anniversary Committee, Dr. Yati Sharfina Desiandri, S.H., M.H., followed by an introduction and a thought-provoking question addressed to students by FH USU lecturer, Dr. Putri Rumondang Siagian, S.H., M.H., who teaches the Criminal Law course. Dr. Putri Rumondang first asked the students about the definition of the term Contempt of Court to stimulate further discussion during the upcoming presentation.
In his presentation titled "The Role of Advocates in Criminal Acts of Contempt of Court," Ibnu Hidayah, S.H., M.H., C.L.A. explained the definition of the advocate profession, the legal status of advocates as law enforcers, good faith and the advocate code of ethics, as well as the criminal provisions related to contempt of court. The speaker adopted both theoretical and practical perspectives and incorporated case examples into each explanation.
The key points emphasized by the speaker regarding the practice of advocacy in court and its relation to the code of ethics include the notion that the advocate profession is officium nobile or a noble profession, where advocates are essential for anyone facing legal issues, including fellow advocates who may encounter legal problems themselves. He explained that advocates cannot be sued, either civilly or criminally, as long as they perform their professional duties in good faith to defend their clients, both inside and outside the courtroom. Good faith serves as the primary parameter for adherence to the advocate's code of ethics, assessed based on the advocate’s efforts to uphold justice according to professional ethical standards while defending their client’s interests. Additionally, regarding contempt of court, which has become a recent issue in society, Ibnu Hidayah explained that criminal provisions related to contempt of court are rarely applied. The legal basis for contempt of court originates from the general explanation of UU No. 14 of 1985 on the Supreme Court (MA), which includes disgraceful behavior in court, disobedience to court orders, and attacks on the integrity and impartiality of the judiciary.
Ibnu Hidayah presented several case examples related to contempt of court, including the 2019 case where lawyer TW struck a judge with a belt during a court session. Although the act qualified as contempt of court, the charge applied was the criminal offense of assault against a state official. The presentation was conducted interactively, with discussions and Q&A sessions interspersed throughout the material. The Q&A covered topics such as the Indonesian Advocate Code of Ethics, the role of advocates in handling criminal cases, corruption crimes, and the legal qualifications of contempt of court.
During the Q&A and discussion session, a student asked whether public opinions expressed on social media that criticize or insult judges or courts could be considered contempt of court. The speaker responded by explaining that such actions are difficult to categorize under contempt of court but are more appropriately linked to violations under the Electronic Information and Transactions (ITE) Law. Furthermore, Ibnu Hidayah elaborated that if public criticism on social media is directed at the performance of judges or courts, it does not constitute a criminal offense, as it falls within the scope of freedom of expression in evaluating judicial performance. However, if the criticism is purely an insult unrelated to judicial performance and instead damages the dignity of judges or courts, the perpetrator may be subject to legal sanctions.
The event concluded with a certificate and plaque presentation from the committee and the course lecturer to the guest speaker, Muhammad Ibnu Hidayah, S.H., M.H., C.L.A., followed by a group photo session.
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