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All Journal Jurnal Ilmiah Hukum dan Hak Asasi Manusia Legalis : Journal of Law Review
Pakpahan, Binsar Pamopo
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Use of Legal Psychology in Determining Sexual Misconduct Perpetrator’s Bad Intention Towards Children Pakpahan, Novritsar Hasintongan; Pakpahan, Binsar Pamopo
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 3 No. 2 (2024): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v3i2.2968

Abstract

Purpose: The aim of the study is to discover bad intention (mens rea) of sexual misconduct perpetrator by using legal psychology in finding legal obscurity of trial-proving within child protection act Methodology/approach: The research is conducted as legal research, namely normative research that applies the statute approach and conceptual approach towards the object of the study based on primary and secondary sources of law. Results/findings: Discovering and solving legal obscurity in bad intention within sexual harassment regulation, then legal psychology can be utilized by law enforcement to prove and decide criminal act of a subject by analyzing its criminal mindset while recognizing its culpability mental state Limitations: the use of legal psychology only relating to criminal law field of study Contribution: This study contributes to legal practitioners, especially prosecutors and judges, especially in criminal law.
A Sentencing Effectiveness Assessment Form as a Normative Instrument for Supervisory-and-Observatory Judges under Indonesia’s 2025 Criminal Procedural Law Pakpahan, Novritsar Hasintongan; Pakpahan, Binsar Pamopo
Legalis : Journal of Law Review Vol. 4 No. 1 (2026): January 2026
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i1.1254

Abstract

Criminal Procedural Law 2025 limits the role of supervisory-and-observatory judge to ‘researcher’, when it’s supposed to analyze trial proceeding’s effectiveness in sentencing. Research question based on existing problem includes how could there be absence of evaluative mechanism for sentencing effectiveness in the 2025 Criminal Procedural Law and how does supervisory-and-observatory judge may suggest effective sentencing with sentencing effectiveness assessment form. The novelty of this research is its finding of recognizing the method of supervisory-and-observatory judge in improving effective sentencing based on criminal procedural law 2025 through sentencing effectiveness assessment form that contains realistic practical report that may be considered and used as decision consideration of trial judges. Previous research such as Putra’s research (2024) that concludes sentencing must focuses on justice and obedience to God, but it has not discussed about the existence of Criminal Procedural Law 2025. As normative research, this research studies normative problem of supervisory-and-observatory judges to remedy improper sentencing for the future by applying statute approach towards Criminal Procedural Law 2025 and conceptual approach of legal expediency and theory of prisonization. Result showed that supervisory-and-observatory judges may express result of redundant sentencing and the use assessment form to remedy improper sentencing. The conclusion of this research is that the role of supervisory-and-observatory judge must be applied optimally with direct consequence to penitentiary to optimize crime decrease. Implication of the research would be to stress active role of supervisory-and-observatory judge to suggest effective sentencing. The research novelty is sentencing effectiveness assessment form as a normative model.
Co-Authors Pakpahan, Novritsar Hasintongan