PENGAKUAN SEBAGAI DASAR PUTUSAN DAN IMPLIKASINYA BAGI PIHAK BERPERKARA PERSPEKTIF GENEALOGI

Abstract

This study aims to examine confession as a basis for decisions in legal systems, particularly its implications for litigants, from a genealogical perspective. Through historical and comparative analysis, this study traces the evolution of the concept of confession from ancient Roman law to modern legal systems, including in Indonesia. Confession, as primary evidence in judicial proceedings, has significant implications for the rights of litigants, such as the risk of wrongful convictions, human rights violations, and social impacts. A genealogical perspective demonstrates that confession is not always neutral but is influenced by cultural context, power, and social norms. Key findings emphasize the need for legal reform to minimize the risk of confession abuse, with recommendations for the implementation of stricter evidentiary standards and independent verification mechanisms.