Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)

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Epistemological Errors in the Concept of Justice Collaborators: A Critical Discourse Analysis Study

Authors
Rocky Marbun1, *, Wanda Hamidah1
1Pancasila University, Faculty of Law, Jakarta, Indonesia
*Corresponding author. Email: rocky_marbun@univpancasila.ac.id
Corresponding Author
Rocky Marbun
Available Online 21 December 2023.
DOI
10.2991/978-2-38476-164-7_39How to use a DOI?
Keywords
Epistemological Error; Criminal Procedure; Justice Collaborator
Abstract

The existence of witness testimony as evidence in criminal proceedings is prioritised to reveal the material truth. Therefore, KUHAP places witness testimony as the main evidence. In its development both theoretically and practically, in addition to the existence of the Crown Witness, based on the influence of the global legal system, the concept of Justice Collaborators or Witness Prepetrators was introduced in Indonesia. Dialectics regarding this concept surfaced again when a premeditated murder case involving Bharada Eliezer was designed as a Justice Collaborator. Based on this, the formulation of the problem is “How did the epistemological error occur in determining the status of Justice Collaborator for Bharada Eliezer?” This article aims to explain and identify non-juridical factors that cause epistemological errors in the determination of justice collaborator status by judges. This article uses legal research method with Critical Discourse Analysis (CDA) approach as a complement to Framing Analysis. The result of this study is the existence of social framing built since the investigation stage, which is actually a bargaining process of law enforcement officials who do not have valid data on the occurrence of premeditated murder.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 December 2023
ISBN
978-2-38476-164-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-164-7_39How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Rocky Marbun
AU  - Wanda Hamidah
PY  - 2023
DA  - 2023/12/21
TI  - Epistemological Errors in the Concept of Justice Collaborators: A Critical Discourse Analysis Study
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 419
EP  - 430
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_39
DO  - 10.2991/978-2-38476-164-7_39
ID  - Marbun2023
ER  -