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All Journal Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara International Journal Of Synergi In Law, Criminal And Justice
Doni Sabdan Tanjung
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Relationship between Facts and Norms in Judicial Legal Reasoning: An Analysis of the Ratio Decidendi in Court Decisions Doni Sabdan Tanjung; Rahmayanti, Rahmayanti; Donly Calner Aruan; Faisal Lutfi
International Journal of Synergy in Law, Criminal, and Justice Vol. 3 No. 1 (2026): Vol. 3 No. 1 (2026): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v3i1.165

Abstract

Court decisions are the result of a judge's legal reasoning process that reconciles legal facts with legal norms through juridical argumentation. The essence of this process is reflected in the ratio decidendi, namely the legal reasoning that forms the basis for determining the verdict. This article aims to analyze how the relationship between facts and norms is constructed in the judge's legal reasoning through the construction of the ratio decidendi in court decisions. This study uses a normative legal research method with a conceptual approach and a case approach. The conceptual approach is used to examine the theory of legal reasoning, legal facts, legal norms, and the concept of ratio decidendi, while the case approach is used to examine the judge's legal considerations in court decisions. The results show that the relationship between facts and norms in court decisions is not mechanical, but rather is constructed through a process of fact selection, norm interpretation, and rational legal argumentation. The ratio decidendi serves as a meeting point between facts and norms and as an indicator of the quality of the judge's legal reasoning. The clear, coherent, and argumentative construction of the ratio decidendi reflects the responsible use of the judge's discretion and contributes to the realization of legal certainty and substantive justice in judicial practice.
Kebijakan Kriminal terhadap Korporasi dalam Perspektif UU Nomor 1 Tahun 2023 Indonesia Bambang Agus Pariyono; Suci Ramadani; Sumarno Sumarno; Alfonso Pahala Manihuruk; Doni Sabdan Tanjung
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 3 No. 2 (2026): Juni : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v3i2.3152

Abstract

This study is motivated by the increasing complexity of corporate crime, which necessitates the reform of criminal law policy in Indonesia, particularly through Law Number 1 of 2023 on the Criminal Code. The research questions focus on how criminal policy toward corporations is formulated under the new Criminal Code and how effective its implementation is in addressing corporate crime. This research employs a normative legal method using statutory and conceptual approaches, supported by a literature review of primary and secondary legal sources published within the last five years.The findings indicate that the 2023 Criminal Code formally recognizes corporations as subjects of criminal law and adopts a flexible liability framework through a combination of identification theory, vicarious liability, and strict liability, while also providing a broader range of sanctions. However, the effectiveness of this policy remains constrained by challenges in proving corporate fault, potential sentencing disparities, and limited institutional capacity of law enforcement agencies.This study recommends the development of clear technical guidelines for corporate criminal liability, strengthening institutional capacity, and integrating penal and non-penal approaches through the implementation of good corporate governance principles.
Co-Authors Alfonso Pahala Manihuruk Bambang Agus Pariyono Donly Calner Aruan faisal lutfi Rahmayanti Rahmayanti Ramadani, Suci Sumarno Sumarno