UNAIR NEWS – There was a lesson we can learn from UNAIR graduation on Sunday, March 20. There was the best graduate of doctoral program from Faculty of Law UNAIR, Dr. Arminsyah, S.H., M.Si. In the midst of his activities as Junior Attorney for Specific Crime (Jampidsus), he succeeded in finishing his doctoral degree in Faculty of Law, Universitas Airlangga. He graduated cum laude with GPA 3.90. He believed that it was his effort to always learn and seek for knowledge. The head of Regional Prosecutor’s Office East Java 2012 has proven that being success at work can support academic performance.
”There’s a saying that if you do not learn, you will not change. If you do not change, you will die. In Islam, my religion, seeking knowledge starts from the cradle to the grave,” he said to UNAIR NEWS.
According to the graduate of master program of UI Criminology, as long as we live we must keep seeking knowledge, and he always wants to learn more and more. For his final assignment of doctoral program, Dr. Arminsyah researched an interesting phenomenon for his dissertation, “Redefinisi Hukum Konsep Kesengajaan dalam Tindak Pidana Korupsi (Legal redefinition of Intent Concept in Corruption Crimes)”. Main topics he analyzed were basic concepts of error, elements of error, and elements of corruption crimes related to public policy.
Supervised by Prof. Dr. Didik Endro Purwoleksono, S.H., MH., a Professor of FH UNAIR, Arminsyah’s dissertation offers autonomous consciousness and some approaches like coherence approach, linguistic approach, and psychological approach to prove intent in corruption crimes. Coherence approach is needed to measure and assure consistencies from the statements and experience of the suspect.
Linguistic approach is needed to find meaning and informational structures or suspect’s statements measured from physical structures, surface structure (S-structure) and deep structure (D-structure). This approach is equipped with speech act theory application to see and analyze unity and consistency of utterances, actions and effects of it from the suspect. While psychological approach was based on autonomous conscience to commit the crime.
Regarding the topic of his dissertation, the bachelor of Universitas Muhammadiyah Jakarta explained that as law enforcer he is obliged to prove an individual guilty of not guilty. There is no room for errors in giving verdict as it would mean tyrannical.
”There are some things for references. First is the law itself. There is no punishment without a mistake. A mistake is whether there is intent of wrongdoing. If there’s fault, the man can’t be punished,” said 2014 Intelligent Junior Attorney.
The former official of lampung Prosecutor’s Office in 2010 added that all this time he observes that the concept of intent which is used was of knowledge and will. He thinks that they are not enough. He provided an example, an official signed an administrative agreement and later on known that there was an error. Does it mean the man has inner will to commit a crime? In his opinion, it is uncertain. Therefore he tried to apply autonomous conscience theory, that to give a verdict on a case must have whole perspectives to seek clues if the man had bad intent or not.
In the future, Dr. Arminsyah personally had hopes on law enforcement. “Of course I hope that law enforcement will be better. The real criminal can be charged legally to give deterrent effect. I also expect someone criticize my work, as with criticisms my work will be corrected,” said Dr. Arminsyah, SH., M.Si, after being named as the best doctoral graduate of FH UNAIR during UNAIR graduation in Airlangga Convention Center, on Sunday March 20, 2016. (*)
