M. Musa, Musa (2019) The Nomenclature of Judicial Reasoning Steps to Determine Mistakes and the Act of Videotron’s Procurement Corruption in the Ministry of Cooperatives and SMEs of the Republic of Indonesia. International Journal of Innovation, Creativity and Change, 10 (3). pp. 256-267. ISSN 2201 - 1323
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Abstract
Differences in nomenclature, regarding the legal reasoning of judex facti and judex juris decisions, occur in determining the act of taking part in a criminal act. This is due to different reasoning methods. The legal consideration approach to judex facti decisions, in verifying facts as norms, is performed lexically. The way the judge's logic works is by using deductive logic and verifying the facts of the defendant's actions to normalise elements that are merely restrictive. The judex juris decisions of judges and the judex facti legal judgments understand the act of participation in corruption case by using an inductive reasoning method. Judex juris decisions examine judex facti legal considerations by determining the major premise more extensively. Judges search for the legal principles underlying norms to verify the facts of the defendant's condition. The results of the verification and the conclusion of judex juris state that the defendant's actions are proven but there are no faults. Thus, judex facti decisions are cancelled and it is decided that the defendant is free from all legal charges.
| Item Type: | Article |
|---|---|
| Subjects: | K Law > K Law (General) K Law > K Law (General) |
| Divisions: | > Ilmu Hukum S.2 |
| Depositing User: | M Musa |
| Date Deposited: | 06 Apr 2021 03:08 |
| Last Modified: | 06 Apr 2021 03:08 |
| URI: | http://repository.uir.ac.id/id/eprint/2506 |
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