The Advocate is an independent upholder of law; unrestrained profession that
didn’t tied to any side, which could prevent the overcome Contempt of Court in the
trial process. The aim of this research is to knowing and receiving the data
concerning the Role of the Advocate, to overcame as well as preventing Contempt of
Court in the trial. The research method that being used is empirical legal research that
focused on the primary data as main data and secondary data as supporting data.
The study from this legal research is legal sociology, sociological
jurisprudence. Contempt of Court is a good action actively and passively, that was
carried out both in the court and outside the court that considered insulted or
undermined the authority of the court, the Advocate's action on the perpetrators
Contempt of Court.
The trial process in the Court was to give the warning against the person who
carried out the action of Contempt of Court and asked the Council Justice as the
moderator to expel the perpetrators Contempt of Court from the conference room, in
matter of this action including the criminal act action, then gave action based on the
provisions that were arranged in KUHP because until this research written there is no
specific regulation that about Contempt of Court yet. Substantially with the existence
of the Upholder's professionalism of the Law especially Judge, Public Prosecutor and
Advocate with good co-operation could prevent and overcome all Contempt of Court
forms, even without arrange a new regulation about Contempt of Court in Indonesia.