An Analysis of the Theory of Justice against the Standard of Proof Beyond Reasonable Doubt in the Judge's Decision in the Jessica Kumala Wongso Case
Journal Title: International Journal of Multidisciplinary Research and Analysis - Year 2024, Vol 7, Issue 09
Abstract
This research aims to find out the theory of justice that can be used by judges in proving criminal cases in Indonesia and the use of the theory of justice in the standard of proof beyond reasonable doubt in the judge's decision in the Jessica Kumala Wongso case. This research uses normative legal research methods with legal philosophy, legislation and conceptual approaches. The data source used is secondary data consisting of primary legal materials and secondary legal materials analyzed qualitatively with deductive inference, starting with general principles and concepts about the theory of justice and the standard of proof beyond reasonable doubt, the analysis moves towards specific propositions to determine the value of justice and the relevance of this standard in the judge's decision in the Jessica Kumala Wongso case. The study found that Gustav Radbruch's theory of justice can be applied by judges in Indonesian criminal cases, using six evidentiary parameters: theory of evidence, minimum evidence, evidence, presentation of evidence, burden of proof, and strength of proof. These parameters reflect Radbruch's legal values of justice, purpose, and legal certainty. Judges using Radbruch's theory prioritize justice, followed by purpose and legal certainty. In Jessica's case, despite doubts about the evidence, the judges found her guilty beyond a reasonable doubt, aligning with Radbruch's principle that justice should take precedence in the standard of proof.
Authors and Affiliations
Jayanto Timbang, Aloysius Wisnubroto, Hyronimus Rhiti
Keywords
Related Articles
- EP ID EP745121
- DOI 10.47191/ijmra/v7-i09-34
- Views 19
- Downloads 0
Competitive Advantage as Intervening Variable on Marketing Performance of Songket Melayu MSM Enterprises
This research departs from the problem that whether competitive advantage as an intervening variable has aninfluence on the marketing performance of Songket Melayu MSM Enterprises, Indonesia. The purpose of this study wa...
Community, Not Nation
We applaud with honor the killer-nation for no legitimate reason. We disdain as kid-stuff the playfully personal community in critical dialogues, self-forgotten. The fact is precisely the reverse. We ought to cherish n...
Teachers' Emotional Intelligence and Filipino Work Values
Emotional Intelligence (EI) is the capacity to perceive, understand, and manage one's own emotions and those of others. It encompasses the ability to recognize emotions, use them to enhance thinking and regulate emotions...
Measuring Company Value with Intervening Profitability Variables in Companies Listed on the Indonesia Stock Exchange's LQ-45 Index for the 2018–2021 Period
This study aims to analyze the effect of company size, capital structure and dividend policy on company value with profitability as an intervening variable in LQ-45 Companies Listed on the Indonesia Stock Exchange for th...
Critical Discourse Analysis Model of Teun A. Van Dijk on the Lyrics of the Song ‘Indonesia Bakoh’ By Ndarboy Genk
Discourse is a representation of the world. Through song lyrics, musicians can convey various forms of opinions, views, or criticisms about the realities of life. This is also the case with Daru Jaya Ndarboy Genk, whose...