The Influence of Non-Verbal Communication in Criminal Court on Legal Interpretation

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Kurnia Dewi Anggraeny, Rocky Marbun

Résumé

One of the logical consequences of our submission to the civil law system is working paper or administrative-mindedness. As mentioned in article 75 of the Criminal Law Procedural Codes, every legal action shall be documented in the form of Police Investigation Report. It is a legal document containing information for the Law Enforcement Agencies to obtain the description regarding criminal circumstances. Normative Legal Studies, in the essence, focuses on the activities of the Law Enforcement in interpreting the documents to reach a legal decision. However, it leads the practitioners and legal academics to abandoning the fact that the law enforcers are human with the abilities to build non-verbal communication concerning the legal decisions. The present study focuses on the non-verbal communication that influences the praxis domain of Law, particularly the criminal justice system in Indonesia. The analysis was conducted using Normative Juridical Method as the logical consequences based on the secondary data obtained from library study. The research also employed philosophical, semiotic, and hermeneutics approaches; the data were analyzed qualitatively. The results show that there was an attempt to marginalize the legal interpretation in taking a legal decision, by emphasizing the non-verbal communication in the criminal justice practices.

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