Joman Rabah Mahfouth Alkhatib
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The Contribution of Forensic Science Experts Policies to Criminal Case Resolution Yunianto, Eko; Yulius Sigit Kristanto; Yanto Mulyanto P; Robinson Pardomuan; Joman Rabah Mahfouth Alkhatib
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (2026): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v4i1.239

Abstract

Scientific Crime Investigation constitutes a science-based investigative approach that utilizes forensic technology and expert analysis to uncover criminal acts. Despite its increasing use in criminal investigations, the legal position and evidentiary validity of Scientific Crime Investigation remain insufficiently regulated, resulting in normative ambiguity and inconsistent judicial practice. This research aims to examine the regulation of the role of Scientific Crime Investigation experts in the disclosure of criminal acts from the perspective of Pancasila justice, to identify weaknesses in the existing legal framework, and to formulate a reconstruction of regulatory norms governing the use of Scientific Crime Investigation in criminal proceedings. The study applies Pancasila justice theory, legal system theory, and progressive legal theory within a constructivist paradigm, employing a socio-legal research approach. Primary data reflecting legal realities in investigative and judicial practices and secondary legal materials were collected and analyzed using qualitative descriptive methods. The findings of this research reveal that, first, the absence of explicit legal recognition of Scientific Crime Investigation as valid evidence has resulted in normative uncertainty and recurring disputes regarding the reliability, admissibility, and probative value of scientific findings in judicial proceedings. Second, structural and institutional weaknesses continue to hinder the effective use of Scientific Crime Investigation, including limited forensic infrastructure, shortages of qualified human resources, inadequate understanding of scientific investigative methods, weak coordination between investigators and forensic experts, and high operational costs. Third, substantive and cultural weaknesses remain evident due to the lack of standardized norms governing scientific investigative outputs and public noncompliance with investigative procedures, which collectively compromise crime scene integrity and the credibility of scientific analysis. These findings demonstrate the necessity of normative reconstruction to formally integrate Scientific Crime Investigation into the criminal justice system in accordance with the values of Pancasila justice.
Bridging Formal Legality and Living Law Public Prosecutorial Policies to Achieve Justice Mashdurohatun, Anis; Wazna, Mahmoud W M Abu; Abdasmad, Mahmoud Elsayed Atyea; Joman Rabah Mahfouth Alkhatib
Contrarius Vol. 2 No. 2 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i2.272

Abstract

Recognition of living law: Article 2 of Law Number 1 of 2023 concerning the Criminal Code marks a paradigm shift in Indonesian criminal law from the principle of formal legality to material legality. However, this change has not been accompanied by an update to criminal procedural law. In fact, Criminal Procedure Code (KUHAP) remains oriented towards legal positivism and does not provide a procedural mechanism to integrate existing social norms into criminal justice practices. This situation creates tension between legal pluralism, legal certainty, and demands for substantive justice in the criminal justice system. This study aims to analyse: (1) the position of the Criminal Procedure Code in accommodating living law in the criminal justice process; (2) the role of the Prosecutor's Office as dominus litis in integrating living law through prosecution policy; and (3) the reconstruction model of prosecution policy in the perspective of ius constituendum in order to realize the integration between formal legality and material legality. The study uses a normative legal research method with a statutory, conceptual, and comparative approach, and is analysed using the theory of justice, the Pancasila theory of justice, and Gustav Radbruch’s theory of legal values. The results of the study indicate that: (1) the Criminal Procedure Code functions as a procedural law based on formal legality so that it has not been able to operationalize the recognition of living law procedurally; (2) the Prosecutor's Office has in fact accommodated living law through prosecutorial discretion and restorative justice, but does not yet have systemic procedural legitimacy; and (3) reconstruction of prosecution policy is needed through a facilitation model by prosecutors, judicial verification, court decisions, and state execution in order to balance legal certainty, substantive justice, and social benefits in the Indonesian criminal justice system.