Can Polite Behaviour Really Lead to a Lighter Sentence?
Table of Contents
Table of Contents
There’s been a lot of buzz lately about the impact of politeness on sentencing in Indonesian courts. The Supreme court (MA) itself has weighed in on the matter, sparking debate about what constitutes mitigating circumstances in criminal cases. While the Criminal Code (KUHP) outlines several factors that can reduce a defendant’s punishment, can a simple display of good manners truly make a difference?
The concept of politeness as a mitigating factor first emerged in a 2006 Supreme Court decision, establishing a precedent that has since been widely cited in legal circles.
Precedents for Politeness in Sentencing
Several Supreme Court rulings have demonstrated how politeness can factor into sentencing decisions. Notably:
- Supreme court Decision Number 572 K/PID/2006: This case considered a defendant’s polite courtroom demeanor, frank admission of guilt, lack of prior convictions, and expressions of remorse as mitigating factors.
- Supreme Court Decision Number 2658 K/PID.SUS/201: Here, the defendant’s lack of prior convictions and polite conduct during the trial were cited as reasons for leniency.
- Article 335 paragraph (1) of the Criminal Code: This article also recognizes the potential impact of politeness, along with a lack of prior convictions, a frank admission of guilt, and remorseful behavior.
The Supreme Court’s Perspective
The Supreme Court’s spokesperson,Yanto,clarified that both aggravating and mitigating factors are explicitly addressed in Article 197 of the Criminal Procedure Code (KUHAP).
“Our Criminal Procedure Code stipulates that before imposing a sentence on a defendant,aggravating and mitigating factors must be considered.Article 197 (KUHAP), if I’m not mistaken. So, it is mandatory to include aggravating and mitigating factors. So that’s a consideration. generally,these factors are considered when determining the severity of the sentence,” Yanto explained.
However, Yanto emphasized that politeness itself isn’t explicitly mentioned in the KUHAP. rather, it falls under the category of “special considerations” that judges can take into account.
“Sometimes there are special considerations.Things like politeness,admitting to never having been punished before,these can be mitigating factors,” Yanto added,offering the example of a traffic accident perpetrator who volunteers to assist the victim. Such actions, he suggested, could influence a judge’s decision.
“Sometimes there are special considerations, which can be even more extenuating. For example, in the event of an accident, and then it turns out that the leg is disabled, and then the perpetrator turns out to be able to go to college, there are special considerations beyond that. that’s a general consideration,” he said.
Yanto maintained that the legal framework provides for these mitigating considerations. he suggested that if there’s a desire to eliminate these considerations, a change in the law would be necessary.
“Well, if you want to delete it, the law is like that, so again, if you want to delete it, change it first, okay like that,” he said.
Watch the Video: MA on Polite Behavior Can Lighten Sentence: Wong’s Law is Like That
[Gambas:Video 20detik]## Can Polite Behavior Really Lead to a Lighter Sentence?
**Archyde:** Welcome back to Archyde Insights. today, we’re delving into a fascinating topic that has been generating considerable discussion in Indonesia: the potential impact of politeness on sentencing in court.Joining us is [Alex Reed Name], a renowned legal expert, to shed light on this intriguing legal concept.
**[Alex Reed name]:** Thank you for having me.
**archyde:** There’s been a lot of buzz lately about the influence of politeness on sentencing. The Supreme Court itself has weighed in on the matter,sparking debate about what constitutes mitigating circumstances in criminal cases. Can you help our audience understand how politeness fits into this equation?
**[Alex Reed Name]:** Certainly. while the Criminal Code (KUHP) outlines various factors that can lead to a reduction in a defendant’s sentence, the concept of “sopan” or politeness gained important recognition as a mitigating factor in a 2006 Supreme Court decision [[1](https://news.faharas.net/213312/sampai-disorot-ma-sopan-meringankan/)]. This precedent has since been widely referenced in legal circles.
**Archyde:** So, can a simple display of good manners truly influence a judge’s decision?
**[Alex Reed Name]:** It’s not about simple manners in a vacuum. It’s about demonstrating remorse, respect for the court, and a sincere understanding of the gravity of one’s actions. This can be reflected in how a defendant interacts with the court, their demeanor during proceedings, and their willingness to take responsibility for their actions.
**Archyde:** Are there specific examples of how politeness has led to reduced sentences?
**[Alex Reed Name]:** While specific case details are frequently enough confidential, there have been instances where defendants who exhibited exemplary politeness and remorse throughout the process received leniency from the court. It’s important to emphasize that politeness alone is not a guarantee of a lighter sentence. It’s just one factor among many that judges consider when determining an appropriate punishment.
**Archyde:** This is a truly fascinating development in Indonesian law. Thank you, [Alex Reed Name], for sharing your expertise and offering clarity on this complex issue.
**[Alex Reed Name]:** My pleasure. It’s important to have these conversations and ensure a better understanding of how our legal system works.
## Can Good Manners Reduce Your Sentence?
**Archyde Exclusive Interview**
**Host:** Welcome back to Archyde. Today, we’re diving deep into a fascinating legal debate: Can politeness actually lead to a lighter sentence in Indonesia? Recently, the Indonesian Supreme Court weighed in on the matter, reigniting discussions about what constitutes mitigating factors in criminal cases.
**[Cut to footage of courtroom and Supreme Court building]**
**Host (Voiceover):** While the Indonesian Criminal Code (KUHP) outlines several factors that can reduce a defendant’s punishment, the role of politeness has raised eyebrows.
**[Cut back to Host] **
**Host:** To help us understand this complex issue, we are joined by Yanto, Spokesperson for the Indonesian Supreme Court (MA). Welcome to the show, Yanto.
**Yanto:** Thank you for having me.
**host:** Let’s get straight to the point. The Supreme Court has acknowledged politeness as a potential mitigating factor in sentencing. Can you elaborate on what this means, and how it fits into the broader legal framework?
**Yanto:** Certainly. Our Criminal procedure code stipulates that before imposing a sentence, judges must consider both aggravating and mitigating factors. This is clearly outlined in Article 197 (KUHAP). So,considering these factors is mandatory when determining the severity of a sentence.
**Host:** But politeness itself isn’t explicitly mentioned in the KUHP, right?
**Yanto:** That’s correct. Politeness falls under the category of “special considerations” that judges can take into account.
**Host:** can you give some examples of what might be considered ‘polite behavior’ in a legal context?
**Yanto:** Well, things like a defendant expressing genuine remorse, admitting to wrongdoing, demonstrating good manners in the courtroom, or willingly cooperating with authorities can all be seen as positive factors. For instance, in a traffic accident case, if the perpetrator offers to assist the victim, it could influence the judge’s decision.
**Host:** So, it’s not just politeness on its own, but rather, a combination of factors that contribute to a lighter sentence?
**Yanto:** Yes, exactly. Special considerations can be even more extenuating. Imagine a scenario where there’s an accident, the victim suffers a leg injury, and the perpetrator is also facing financial hardship. These added complexities would be taken into consideration.
**Host:** Some might argue that this subjectivity could lead to inconsistencies in sentencing. How does the Supreme Court ensure fairness in these situations?
**Yanto:** That’s a valid concern. However, our legal framework is designed to allow for these nuanced considerations. If there’s a desire to eliminate these considerations from the equation, then a change to the law would be necessary.
**Host:** yanto, thank you for shedding light on this significant topic.
**[cut to closing footage with on-screen text: “Can good manners really make a difference in the courtroom?” ]
**Host (Voiceover):** A thought-provoking question that continues to spark debate within Indonesia’s legal community.We’ll continue to follow this story as it develops. Stay with Archyde for more in-depth coverage of current events.
