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Journal : Puitika

Actus Reus dan Mens Rea dalam Perspektif Pragmatik: Kajian Linguistik Forensik terhadap Kejahatan Berbahasa Hamidi, Ahmad
Puitika Vol. 20 No. 2 (2024)
Publisher : Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/puitika.v20i2.613

Abstract

In criminal law evidence mechanisms, actus reus and mens rea are two elements that must be fulfilled. A person suspected of committing a criminal offense cannot be held criminally liable if the element of mens rea is not found in their actions, even if actus reus is present (in certain crimes, legal liability depends on mens rea). This study aims to demonstrate the relevance between actus reus and mens rea in language-based criminal offenses, presented through a forensic linguistic approach. It highlights the role of linguistics in describing and explaining linguistic phenomena structurally and intentionally within the scope of criminal law evidence. The utterance data for this case study were sourced from cases handled by the Polrestabes Bandung. This study employs three main theories, i.e. presupposition, speech acts, and felicity conditions, with additional relevance theory, conversational implicature, and politeness principles. Based on the findings, it can be concluded that a criminal act (actus reus) that lacks malicious intent (mens rea) but arises from negligence (culpa) does not necessarily meet the criteria for prosecution under Article 45(3) of Law No. 19 of 2016 on Information and Electronic Transactions (ITE), as the act is deemed not to fulfill the element of “Setiap Orang yang dengan Sengaja” as stipulated in the article.
Writing Language in the Public Space of Universitas Andalas Hamidi, Ahmad; Yusuf, Muhammad; Aslinda, Aslinda
Puitika Vol. 21 No. 2 (2025)
Publisher : Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/puitika.v21i2.745

Abstract

This study examines written language errors in public spaces at Universitas Andalas as a response to a linguistic paradox: the international recognition of Indonesian—marked by its designation as an official language of UNESCO—and persistently disordered domestic practices, particularly within higher education contexts. The objectives of the study are to identify the forms and degrees of dominance of linguistic errors and to interpret their implications for language practices and institutional image. Employing a descriptive–analytical approach, the study applies error analysis to 30 data sources containing 151 linguistic errors. The results reveal that orthographic errors are the most dominant, accounting for 73.51% of all cases, followed by lexical choice errors (9.93%), sentence-level errors (5.30%), logical errors (4.64%), and phrase- and clause-level errors, each comprising 3.31%. These findings suggest that linguistic issues in public spaces are predominantly microstructural and technical in nature, reflecting a low adherence to the norms of written Indonesian. This phenomenon suggests a lack of normative awareness among educated communities. The study recommends strengthening the role of academic institutions in monitoring language use in public spaces and utilizing artificial intelligence (AI) technologies in conjunction with human linguistic expertise to enhance the quality of public texts, thereby contributing to the elevation of Indonesian as a national language.