CHAPTER XVI
EXAMINATION IN A COURT SESSION
Part Three
Normal Trial Procedure
Article 174
(1) If the information given by a witness during a court session is suspected to be false, the judge/chairman of the session shall seriously warn him/her to state the truth and that he/she is liable to a punishment if he/she continues to give false information.
(2) If the witness sticks to his/her statement, the judge/chairman of the session because of his function or at the request of the public prosecutor or the defendant can order the detention of the witness to be further prosecuted on the charge of perjury.
(3) In such a case the clerk of the court shall immediately prepare a record on the result of the examination during the session which shall contain the statement by the witness and mention the reason -for the presumption that the testimony of ’the witness is false, which record shall be signed by the judge/chairman of the session and the clerk and handed over immediately to the public prosecutor for settlement according to the provisions of this law.
(4) If necessary the judge/chairman of the session shall postpone the session dealing with the original case until the examination of the criminal case involving the witness has been completed.
CHAPTER XVI
EXAMINATION IN A COURT SESSION
Part Three
Normal Trial Procedure
Article 176
(1) If a defendant behaves improperly so as to disturb order during the session, the judge/chairman of the session shall admonish him/her and if the admonition is not heeded, he shall order that the defendant be taken out of the session room, after which the examination of the case shall be continued without the presence of the defendant.
(2) In case a defendant behaves continuously in an improper manner so as to disturb the order of the session, the judge/chairman shall endeavour and see to it that a verdict can still be passed with the defendant present.
BOOK II.
Crimes.
CHAPTER VIII.
Crimes against public authority.
Article 217.
The person who creates a sensation at a trial or at the place where an official publicly is acting in the lawful performance of his official duties and does not move away after the order given by or on behalf of the competent authority, shall be punished by a maximum imprisonment of three weeks or a maximum fine of hundred and twenty rupiahs.
BOOK II.
Crimes.
CHAPTER VIII.
Crimes against public authority.
Article 225.
Any person who with deliberate intent disobeys a lawful command to produce a document which is alleged to be false or forged or which must serve as a comparison with another document which is alleged to be false or forged or of which the authenticity is denied or not recognized, shall be
punished :
1st, in criminal cases by a maximum imprisonment of nine months ;
2ndly, in other cases by a maximum imprisonment of six months.
BOOK II.
Crimes.
CHAPTER IX
Perjury and false testimony.
Article 242.
(1) Any person who in the cases that a statutory provision demands a testimony under oath or attaches legal consequences to it, orally or in writing, personally or by special proxy, with deliberate intent makes a false testimony under oath, shall be punished by a maximum imprisonment of seven years.
(2) If the false testimony under oath is made in a criminal case detrimental to the accused or suspect, the offender shall be punished by a maximum imprisonment of nine years.
(3) With the oath shall be identified the promise or affirmation which by virtue of general regulations is required or is made in lieu of the oath.
(4) Deprivation of the rights mentioned in article 35 first to fourthly may be pronounced.
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.
2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.
3. In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.
4.
(a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;
(b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.