Implementation of Participation Theory in Legal Transmission Determining the Fault of Corruption Criminals

DOI

10.2991/icils-18.2018.8How to use a DOI?

Keywords

participation theory; judge reasoning; corruption

Abstract

Participation theory in criminal law is a theory used to determine the classification of perpetrators' acts and faults involved in criminal acts. Legal reasoning to determine the actions and faults of participating in corruption is implemented the judge in the process of proof in court. Participation theory is the basis for judges to apply the norms for the inclusion of Article 55 of the Indonesian Criminal Code to the acts of participating in the criminal act of corruption. There are two participation theories used by judges in determining the actions and faults in corruption. The participation theory which broadens the convictions of people is a theory based on the monistic law school used by the judex facti judge to determine the actions and faults of the perpetrators using the method of deductive reasoning. The theory and method used by the judex facti judge results in a decision oriented to formalistic truth. For judex jure judges, in assessing the judex factie decision, they tend to use participation theory which broadens the scope of action, which is a participation theory based on dualistic law school. The method of inductive reasoning is the method used by judex jure judges, and the syllogism in reasoning assumes the norm as the broader major premise of fact as a minor premise. The emphasis of judex jure judges in assessing the act is also put in the state of the perpetrator in committing a crime. The determination of proven actions and faults is assessed in terms of the blasphemy that exists in the physical or mental of the perpetrator. The judex facti judge decision that releases the defendant from criminal liability for his/ her act and fault is assessed and canceled by the judex jure judge based on the mistake in assessing and applying the law to the facts of the case being tried.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

TY  - CONF
AU  - M. Musa
PY  - 2018/07
DA  - 2018/07
TI  - Implementation of Participation Theory in Legal Transmission Determining the Fault of Corruption Criminals
BT  - Proceedings of the 1st International Conference on Indonesian Legal Studies (ICILS 2018)
PB  - Atlantis Press
SP  - 42
EP  - 46
SN  - 2352-5398
UR  - https://doi.org/10.2991/icils-18.2018.8
DO  - 10.2991/icils-18.2018.8
ID  - Musa2018/07
ER  -