Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia

Research Article

Alternative Causality Theory: An Effort to Block Instrumental Communication Actions by Investigator in Determining a Suspect

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  • @INPROCEEDINGS{10.4108/eai.3-6-2021.2310821,
        author={Andi  Muliyono and Rocky  Marbun},
        title={Alternative Causality Theory: An Effort to Block Instrumental Communication Actions by Investigator in Determining a Suspect},
        proceedings={Proceedings of the 1st International Conference on Education, Humanities, Health and Agriculture, ICEHHA 2021, 3-4 June 2021, Ruteng, Flores, Indonesia},
        publisher={EAI},
        proceedings_a={ICEHHA},
        year={2021},
        month={8},
        keywords={instrumental investigator searches},
        doi={10.4108/eai.3-6-2021.2310821}
    }
    
  • Andi Muliyono
    Rocky Marbun
    Year: 2021
    Alternative Causality Theory: An Effort to Block Instrumental Communication Actions by Investigator in Determining a Suspect
    ICEHHA
    EAI
    DOI: 10.4108/eai.3-6-2021.2310821
Andi Muliyono1,*, Rocky Marbun2
  • 1: Manokwari College of Law, Karya ABRI Street, West Papua
  • 2: Faculty of Law, Pancasila University, Srengseng Sawah Street, Jakarta
*Contact email: andimulyono528@gmail.com

Abstract

The externalization of an idea of respect for human rights in the pre-adjudication process - especially the investigation and investigation stage, has gained juridical legitimacy through the Constitutional Court Decision Number 021 / PUU-XII / 2014 by expanding the pretrial object in Article 77 of the Criminal Procedure Code, namely by adding the Determination of Suspects, Confiscations, and Searches. However, with regard to the Determination of a Suspect, Investigators always argue only on formal aspects through instrumental communication. Thus, the decision to determine a suspect is no longer a process of interpretation that is linked between the causes and consequences of the elements of offense and the process of finding and gathering evidence. This study aims to apply alternative causality theory as a basis for thinking in interpreting evidence in the pre-adjudication domain. This study uses a legal research method that uses a conceptual approach, statute approach and a social science approach from the Critical Paradigm with a critical discourse analysis approach. The results of this study indicate that there is a decision to determine a suspect which is only based on a choice of causes that lead to assumptive consequences.