Ina Parlina, Jakarta – The Supreme Court is concerned about the rising number of incidents where angry mobs have intimidated judges and prosecutors during court hearings, and called the government to ensure security in courts.
A riot broke out Tuesday following a blasphemy trial in Temanggung, Central Java, where prosecutors demanded that the defendant be sentenced to five years in jail. A group of people who were not satisfied with the sentence demand attacked the defendant, the prosecutors and the judges, while another group outside the courtroom broke windows and burned cars.
The incident occurred only days after a clash between Nazriel "Ariel" Irham's supporters and those who wanted him to be harshly punished after being found guilty of violating the pornography law.
Supreme Court spokesman Djoko Sarwoko said such incidents, including demonstrations during trials, had surely affected the judges at the benches. "They try to intimidate the judges; I'd say many of the groups are actually being used by certain actors to direct the trial for their benefits," he told the The Jakarta Post on Thursday.
He emphasized that controversial cases tried in local tribunals were ones that were likely to attract the masses and were prone to violence.
Yet, he refused to be blamed for a failure to ensure security at the courts, saying that "we do not hold guns". "And please don't lay the blame on the judges; they were being intimidated. And most of all, regardless of such pressures, they have done their job," he said.
He added that the standard procedures for maintaining security at the court were in the hands of each head of the court.
The Judicial Commission condemned any attempts made by any groups to reduce the court's independence. "Such intimidation of course frightens judges and threatens the court's independency," commission spokesman Asep Rahmat Fajar told the Post.
In the wake of many incidents that have recently occurred, the commission urged the government to pay extra attention to the issue by providing adequate security for both judges and courts, especially on trials of cases where there is the potential for conflict.
"It is the government's responsibility to provide a situation that is conducive to any trial by ensuring its security to prevent contempt of court," Asep said.
Kamari, an internal security coordinator at the South Jakarta District Court, said that it was hard to maintain security there due to the lack of security personnel.
The district court had tried high-profile cases, including that of terror suspect and firebrand cleric Abu Bakar Baasyir, whose trial was attended by hundreds of his followers. He urged the government to ensure security at any court to ensure the independence of judges in court.
The Criminal Code does not say what constitutes contempt of court, Asep said.
The code "partially" specifies contempt of court as several attempts to influence the bench. Among these are causing an uproar or riot at a trial; giving or promising something to a judge; as well as conducting an action against an official who is running a legitimate task during a trial.
Therefore, the commission pushes the government and the House of Representatives to immediately legislate the new law defining contempt of court, Asep said.
"Most of the time, the crowds are too big so it is hard to apply the contempt of court charge, which is stipulated in the code, against them," he said.