Title: "The Surprising Role of Politeness in Mitigating Sentences: A Look into Indonesia‘s Supreme Court Rulings"
Jakarta: The term ‘politeness‘ has recently sparked public curiosity, especially when it comes to the mitigation of sentences in several cases, even capturing the attention of supreme court officials. But where did this notion originate, and can politeness truly lessen a defendant’s punishment?
According to the Criminal Code Book of Indonesian Criminal Law (KUHP), there are several conditions that can decrease a defendant’s punishment. However, can politeness be one of these factors?
The idea of politeness influencing sentencing dates back to a Supreme Court decision in 2006, which has since been upheld in various subsequent rulings, creating a strong judicial precedent.
In the spirit of transparency, the following Supreme Court rulings have set this precedent:
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Supreme Court Decision No. 572 K/PID/2006:
- Defendant displayed politeness during the trial
- Defendant admitted their actions truthfully
- Defendant had no prior convictions
- Defendant expressed remorse for their actions
- Supreme Court Decision No. 2658 K/PID.SUS/201:
- Defendant had no prior convictions
- Defendant behaved politely during the trial
Additionally, Article 335(a) KUHP also cites:
- Defendant had no prior convictions
- Defendant admitted their actions truthfully and behaved politely throughout the trial
- Defendant exhibited remorse
The Supreme Court’s official spokesperson, Yanto, clarified that the consideration of aggravating and mitigating circumstances is mandated by KUHP Article 197. However, the consideration of politeness as a mitigating factor is not explicitly mentioned in the KUHP, classifying it as a special consideration.
Yanto further explained that while politeness cannot be prescribed by law, it can be considered by judges, along with other extenuating circumstances, when making a ruling. For instance, a defendant who expresses remorse, assists victims, or demonstrates strong reformative potential may find that politeness and respect for the court process contribute favorably to their sentencing.
Ultimately, the application of politeness as a mitigating factor lies within the judge’s discretion, guided by their interpretation of the law and the facts presented in each case. The Indonesian legal system, much like many others, seeks fairness and legitimacy in its rulings, and the consideration of politeness is one aspect that may serve this purpose.
Video – "Supreme Court on Politeness: The Unusual Factor in Sentencing Mitigation"
by ZAP/DHN
