Waljinah, Sri and , Prof. Dr. Khudzaifah Dimyati, S.H., M.H and , Prof. Dr. Harun Joko Prayitno, M.Hum and , Dr. Chryshnanda Dwi Laksana, S.IK., M.Si. (2020) Makna Simbolik Bahasa Hukum: Studi Interogasi Dalam Proses Penyidikan Perkara Pidana. Disertasi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
Legal norms serve as guidelines for the implementation of duties for law enforcement officials. In the process of investigating criminal cases, the police as a law enforcement apparatus must act in accordance with the provisions. In the examination process, the examinee must be treated as a citizen whose rights are protected by law. Kitab Undang-Undang Hukum Acara Pidana the principle of presumption of innocence as a guarantee of the protection of human rights. The reality of the police's actions towards the examinee who lack respect for human dignity and dignity is done to obtain information or recognition in the form of physical violence and verbal violence. The action has a symbolic meaning that shows the misuse of duties and authority of the police as law enforcement officers. Research on the symbolic meaning of legal language in the criminal investigation process as a scientific effort to uphold and function legal norms as a guide for behavior in community and state life. The writing of this dissertation offers a new perspective in legal science, namely the symbolic meaning of the language of law in the process of investigating criminal cases in accordance with legal norms. The implementation of the interrogation praxis in the perspective of the symbolic meaning of legal language will result in an interrogation construction that respects and protects the rights of the examinee. This study uses a socio-legal approach to interpret the concept of law as a manifestation of the symbolic meanings of social actors in daily interactions, namely the symbolic meaning of legal language used by investigators and examined in the criminal investigation process. The analysis is based on primary data in the form of legal texts, namely interrogation conversations and informant interviews, and secondary data in the form of secondary material, namely Berita Acara Pemeriksaan. The results of this study found that the implementation of the interrogation praxis in the investigation of criminal cases was categorized in 3 types of symbolic meaning of legal language, namely Pro Justitia, Pro Justitia Supporters, and Pro Justitia Cons. The symbolic meaning of legal language is divided into 2 patterns, namely humanist and dehumanization. The dehumanization pattern is not in accordance with legal norms, so interrogation reconstruction is offered by trashing methods in the form of interrogation symbol renewal, deconstruction to build humanist interrogation, and geneology with forensic linguistic interrogation. The interrogation reconstruction results in a humanist interrogation construction which has implications for law enforcement as the implementation of the implementation of legal norms for order and security in the life of the community and state.
| Item Type: | Thesis (Disertasi) |
|---|---|
| Uncontrolled Keywords: | symbolic meaning, legal language, interrogation, criminal cases |
| Subjects: | K Law > KI Indonesia Law > KN Hukum Pidana |
| Divisions: | Fakultas Pasca Sarjana > Program Doktor (S3) Ilmu Hukum |
| Depositing User: | Ari Fatmawati |
| Date Deposited: | 23 Feb 2024 02:11 |
| Last Modified: | 23 Feb 2024 02:12 |
| URI: | http://eprints.ums.ac.id/id/eprint/122404 |
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