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All Journal Parlementer : Jurnal Studi Hukum Dan Administrasi Publik International Journal Of Synergi In Law, Criminal And Justice
Donly Calner Aruan
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
Efektivitas Kebijakan Penal dan Non-Penal dalam Pemberantasan Tindak Pidana Terorisme di Indonesia terhadap Implementasi Undang-Undang Nomor 5 Tahun 2018 Aswindari Harahap; Sumarno Sumarno; Meina Alvionita br Purba; Donly Calner Aruan
Parlementer : Jurnal Studi Hukum dan Administrasi Publik Vol. 3 No. 2 (2026): Juni: Parlementer: Jurnal Studi Hukum dan Administrasi Publik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/parlementer.v3i2.1742

Abstract

This study aims to analyze the effectiveness of penal and non-penal policies in combating terrorism in Indonesia and to identify juridical and criminological challenges in their implementation. The study is grounded in the evolving dynamics of terrorism, particularly reflected in the case of Jamaah Ansharut Daulah (JAD), which demonstrates that weakening organizational structures does not necessarily eliminate radical ideology. This research employs a normative legal method using statutory, conceptual, and case approaches. The findings reveal that penal policies under Law Number 5 of 2018 are effective in law enforcement and prevention of terrorist attacks but have not addressed the ideological roots of radicalization. Meanwhile, non-penal approaches, particularly deradicalization programs, face limitations in preventing recidivism and ensuring sustainable social reintegration. The main challenges include ambiguous legal norms, potential human rights violations, and complex criminological factors such as ideology, social networks, and digital transformation. This study highlights the necessity of integrating penal and non-penal strategies based on human rights principles, emphasizing preventive and rehabilitative approaches to achieve a more effective and sustainable counter-terrorism framework.
Co-Authors Aswindari Harahap Doni Sabdan Tanjung faisal lutfi Meina Alvionita br Purba Rahmayanti Rahmayanti Sumarno Sumarno