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All Journal Asian Journal of Social and Humanities Legalis : Journal of Law Review Cognitionis Civitatis et Politicae
Ramadan, Tubagus Ahmad
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Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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The Role of Justice Law Enforcement By Judges In Handling Criminal Cases Sari, Nani Widya; Yanto, Oksidelfa; Widodo, Guntarto; Rejeki , Henlia Peristiwi; Ramadan, Tubagus Ahmad
Legalis : Journal of Law Review Vol. 3 No. 2 (2025): April 2025
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v3i2.515

Abstract

Law enforcement is a process of making efforts to reinforce the existing legal norms. One of the parties that plays a role in law enforcement is the judge. The role of judges in law enforcement, especially criminal law, is very urgent in the criminal justice system in Indonesia. This is because the judge is the one who decides a case through his decision which will always be the concern of justice seekers. Therefore, in handling cases, the judge is impartial and may not be influenced by any party, so that his decision can realize a sense of justice in society. The research method used in this writing is the normative legal research method using secondary data obtained through literature studies. The focus of this research is the role of judges in law enforcement, especially in handling criminal cases through their just decisions.
Deconstructing Intentionality: Legal Fallacies in The Indonesian Criminal Code's Approach to Mens Rea Ramadan, Tubagus Ahmad; Mandala, Subianta
Asian Journal of Social and Humanities Vol. 3 No. 9 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i9.564

Abstract

This study examines the interpretative fallacies surrounding mens rea in Indonesia’s criminal justice system. Disparities in the interpretation of intentionality (opzet) by law enforcement officials and judges often result in significant inconsistencies in legal outcomes. Using a qualitative library research method with legal hermeneutics and critical discourse analysis, this study investigates 150 court decisions from 2020 to 2023 to identify structural and cultural causes of these inconsistencies. The findings reveal that 68% of verdicts contained ambiguity in the construction of mens rea, mainly due to outdated legal frameworks, limited interdisciplinary education, and external pressures. To address this, the study proposes an interdisciplinary reconstruction of the concept of intentionality that integrates insights from cognitive psychology with criminal law doctrine. This includes the development of a nuanced intentionality spectrum and practical tools such as the Intentionality Assessment Protocol (IAP). The findings highlight the complexity of mens rea interpretations within the Indonesian legal system, with substantial variations in judicial decisions. The study proposes a new conceptual framework based on cognitive psychology to bridge gaps in understanding intentionality. Further recommendations for reform include the development of legal education and training systems for law enforcement.
Deconstructing Intentionality: Legal Fallacies in The Indonesian Criminal Code's Approach to Mens Rea Ramadan, Tubagus Ahmad; Mandala, Subianta
Asian Journal of Social and Humanities Vol. 3 No. 9 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i9.564

Abstract

This study examines the interpretative fallacies surrounding mens rea in Indonesia’s criminal justice system. Disparities in the interpretation of intentionality (opzet) by law enforcement officials and judges often result in significant inconsistencies in legal outcomes. Using a qualitative library research method with legal hermeneutics and critical discourse analysis, this study investigates 150 court decisions from 2020 to 2023 to identify structural and cultural causes of these inconsistencies. The findings reveal that 68% of verdicts contained ambiguity in the construction of mens rea, mainly due to outdated legal frameworks, limited interdisciplinary education, and external pressures. To address this, the study proposes an interdisciplinary reconstruction of the concept of intentionality that integrates insights from cognitive psychology with criminal law doctrine. This includes the development of a nuanced intentionality spectrum and practical tools such as the Intentionality Assessment Protocol (IAP). The findings highlight the complexity of mens rea interpretations within the Indonesian legal system, with substantial variations in judicial decisions. The study proposes a new conceptual framework based on cognitive psychology to bridge gaps in understanding intentionality. Further recommendations for reform include the development of legal education and training systems for law enforcement.
Samenloop in The Form of A Criminal Act of Joint Persecution or Participation in The Victim of Wrongful Arrest Committed by The Police Implications for Justice Ramadan, Tubagus Ahmad; Sara, Rineke
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1632

Abstract

The phenomenon of samenloop in cases of wrongful arrest by police officers in Indonesia poses serious implications for justice and public trust. This issue arises from structural and cultural weaknesses in the policing system, leading to persecution, abuse of authority, and falsification of evidence against victims. This study aims to analyze the factors causing samenloop and its impact on victims and the criminal justice system. Using a qualitative approach, the research examines 50 documented cases of wrongful arrest from 2019 to 2023, identifying patterns of violations and systemic shortcomings. The findings reveal that samenloop frequently stems from inadequate accountability mechanisms, poor human rights training, and entrenched organizational cultures that enable misconduct. The consequences include psychological harm to victims, erosion of public confidence, and inefficiencies in the justice system. This study concludes that addressing samenloop requires comprehensive reforms, including strengthening legal frameworks, enhancing human rights-based training for police officers, and fostering a culture of accountability within police organizations. These measures are essential to uphold justice and rebuild public trust in law enforcement institutions.
Co-Authors Oksidelfa Yanto Rejeki , Henlia Peristiwi Sara, Rineke Sari, Nani Widya Subianta Mandala, Subianta Widodo, Guntarto