Symbolic Domination in the Regulation of the Indonesia Supreme Court Number 4 of 2016 Concerning the Prohibition of Reviewing Pre-Trial Decisions
- DOI
- 10.2991/assehr.k.211102.167How to use a DOI?
- Keywords
- symbolic domination; trichotomy relation; pretrial; pre-adjudication
- Abstract
Pretrial, as provided for in Article 77 of the Criminal Procedure Code, as common sense, is a representation of the idea of respect for human rights and legal protection of suspects who are currently under investigation at the pre-adjudication. However, since the Constitutional Court Decision Number 021/PUU-XII/2014, pretrial as the authority of the District Court is in an anomalous position. Where, there has been a paradigm shift, which has renewed the understanding of pretrial. However, there was a legal vacuum at the technical level. Thus, the Supreme Court as the holder of authority produces knowledge by issuing Supreme Court Regulation Number 4 of 2016 which is symbolic dominance in pretrial procedural law. Therefore, the researchers propose a formulation of the problem as a limitation in this study is, “How can the Supreme Court Regulation No. 4 of 2016 has functioned as a symbolic domination through the study of Trichotomy Relation?” This study uses a legal research method using a critical sociological approach — in addition to the commonly used approach, it is based on a critical paradigm while still using secondary data. The results of this study indicate an effort to produce knowledge to maintain the formality aspect a symbolic domination. Meanwhile, the conclusions of this study indicate the existence of truth-games through the rationalization of knowledge based on the trinity of power of the Supreme Court. Thus, these regulations need to be reformulated.
- Copyright
- © 2021 The Authors. Published by Atlantis Press SARL.
- Open Access
- This is an open access article under the CC BY-NC license.
Cite this article
TY - CONF AU - Zulkarnain AU - Rocky Marbun PY - 2021 DA - 2021/11/22 TI - Symbolic Domination in the Regulation of the Indonesia Supreme Court Number 4 of 2016 Concerning the Prohibition of Reviewing Pre-Trial Decisions BT - Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021) PB - Atlantis Press SP - 57 EP - 62 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.211102.167 DO - 10.2991/assehr.k.211102.167 ID - 2021 ER -