The Ratio of Instrumental Action to Criminal Laws: Throwing in language game

Marbun, Rocky; Maryano, Maryano; Ismail, Ismail

doi:10.2991/conaplin-18.2019.24

Cited by 2 publications

(2 citation statements)

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“…The forerunner to the construction of the Relationship Trichotomy concept as an approach to dismantling criminal law enforcement practices, has started since mid-2018-2019 through the publication of national articles [5], [6], [7] and international [8], [9], [10]. Meanwhile, the Relational Trichotomy nomenclature itself will only be used in 2020 either through the publication of national articles [11]- [15] as well as through international publications [16]- [19].…”

Section: The Trichotomy Approach As An Alternative Approach In the Cr...mentioning

confidence: 99%

Electronic Device Confiscation as Personal Data Breach: A Throw in the Truth-Games

Purwaningrum,

Marbun

2023

Advances in Social Science, Education and Humanities Research

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Confiscation, against an electronic device, in a crime related to the Information and Electronic Transactions Law, is an act of coercion as the authority of every law enforcement officer. However, the meaning of electronic devices, which are classified as Evidence, is still displaced in the meaning of the concept of "object" in Article 39 paragraph (1) of the Criminal Procedure Code. Speech acts in the form of text through social media instruments that contain elements of criminal acts, in the implementation of forced measures in the form of confiscation, cause other data to be disclosed, apart from the text of the speech act. This, in the end, any personal data becomes public consumption or at least, that law enforcement officials do not have the legal right to examine and view, and do not even have the right to confiscate it. The research in this article uses the legal research method through a legal science approach and a socio-political approach. The results of this study indicate that law enforcement officers' understanding of electronic systems and electronic devices is still trapped in normal science. Thus, law enforcement officials take legal action in the form of confiscation in a false consciousness by ignoring the protection of personal data. Therefore, it is important for the state and law enforcement institutions -as subjects of public law with limited power in the perspective of the Rule of Law and Human Rights -to protect an individual's personal data who is drawn into the criminal justice process by formulating a legal norm that grants the Suspect the right to defend data unrelated to the criminal act.

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Section: The Trichotomy Approach As An Alternative Approach In the Cr...mentioning

confidence: 99%

Electronic Device Confiscation as Personal Data Breach: A Throw in the Truth-Games

Purwaningrum,

Marbun

2023

Advances in Social Science, Education and Humanities Research

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“…So, not surprisingly, Habermas stated that knowledge and interest are one [14], [46]. In fact, it is impossible to construct a meaning which is completely independent of the paradigm that influences it [47].…”

Section: Instrumental Communication Models By Law Enforcers In Mainta...mentioning

confidence: 99%

Instrumental Communication Actions By Investigators/Public Prosecutors As Objects of a State Administrative Lawsuit

Marbun

Wijaya

2022

KSS

Self Cite

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Law Number 8 of 1981 concerning the Criminal Procedure Code is legislation that has been positioned as a legal umbrella for every law enforcement officer. However, not all powers and discretion exercised by law enforcers—especially investigators and public prosecutors, can be tested or questioned for their validity through the submission of a pretrial application. One model of action that cannot be tested is the act of instrumental communication. Every act of instrumentalist communication always accompanies the application of the authority and discretion of the Investigator and Public Prosecutor, which causes harm to someone who is made a suspect and a defendant. This study aims to find opportunities for legal remedies that can be taken by suspects and defendants against acts of instrumental communication from law enforcement. This research is legal research using an interdisciplinary and multidisciplinary approach. The results of this study indicate that every act of instrumental communication that accompanies the use of authority and discretion and causes harm to the suspect and the defendant can be the object of a state administrative lawsuit based on Law Number 30 of 2014 concerning Government Administration. Keywords: criminal procedures, state administrative lawsuits, investigators, public prosecutors, communication actions

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The Ratio of Instrumental Action to Criminal Laws: Throwing in language game

Cited by 2 publications

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Electronic Device Confiscation as Personal Data Breach: A Throw in the Truth-Games

Electronic Device Confiscation as Personal Data Breach: A Throw in the Truth-Games

Instrumental Communication Actions By Investigators/Public Prosecutors As Objects of a State Administrative Lawsuit

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