Symbolic Dominance in the Criminal Law Enforcement Indonesia: Convergence Between the Trinity of Power and Truth-Games

DOI

10.2991/assehr.k.211102.165How to use a DOI?

Keywords

Symbolic Domination; Truth-Games; Trinity of Power; Criminal Law Enforcement

Abstract

Law enforcement, in essence, is an effort of legal discovery - through interpretation, which is carried out by law enforcers based on a series of powers and discretion in giving meaning to a concrete fact-based on legal norms, which raises the attitude of the Law Enforcer on how to carry out the examination process at the criminal case. The problem of attitudes of law enforcers is the main focus of studies in criminal procedural law in order to exercise power and authority. Nevertheless, law enforcement often produces knowledge as a doxa that dominates symbolically-through speech of act, to someone who is examined either as a suspect or defendant. Thus, the suspect and defendant must come face to face with a grand narrative - as a myth of modernity, without sufficient legal remedies from the Criminal Procedure Code to fight back. Therefore, this study aims to try to identify doxa models as symbolic domination as a result of truth games based on the trinity of power of law enforcers. Thus, it becomes important to question the “how to work with a doxa that functioned as a symbolic domination in the criminal justice process?” This study uses a socio - legal research model with two approaches, namely the legal science approach and the social science approach. The results of this study indicate the existence of doxas which are produced as knowledge through a rationalization process to hide the ideological aspects (interests) of law enforcers, thus giving rise to a minimalist form of legal remedy from the suspects and defendants.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Andi Muliyono
AU  - Rocky Marbun
PY  - 2021
DA  - 2021/11/22
TI  - Symbolic Dominance in the Criminal Law Enforcement Indonesia: Convergence Between the Trinity of Power and Truth-Games
BT  - Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
PB  - Atlantis Press
SP  - 45
EP  - 50
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211102.165
DO  - 10.2991/assehr.k.211102.165
ID  - Muliyono2021
ER  -