This article discusses the role of psychologists in the field of law, especially in Indonesia. Psychologists are considered experts who can provide information about behavior related to problems concerning the community, police, prosecutors, judges and other law enforcement officials.
This article outlines four stages of the role of psychologists in law enforcement, namely prevention, handling, sentencing, and execution of decisions. In addition, this article also discusses four forms of psychologist contributions in court proceedings. Psychologists are expected to strengthen law enforcement officials in enforcing the law and increasing public awareness to comply with applicable legal provisions.
The Role of Psychologists
Psychologists play a very important role in everyday life, including in the field of law. Psychologists are known as people who are experts in behavior, so it is not surprising that they are considered experts who can provide information about behavior related to problems concerning the community, police, prosecutors, judges and other law enforcement officials. The role of psychologists in law is divided into two, namely:
- Psychologist as a scientist (psychology and law to find out how to identify problems accurately and psychology of law to assess and understand the character of the perpetrators, prosecutors and judges);
- Psychologist as a practitioner (psychology in law) is under law enforcement officials.
The role of psychologists in enforcement law in Indonesia, which is to strengthen law enforcement officials in enforcing the law, for example, the role of psychological intervention in improving police performance. Psychologists also play a role in explaining the psychological conditions of perpetrators, victims and witnesses, which can help law enforcement officials in making appropriate decisions. Psychologists play a role in preventive efforts by raising public awareness to comply with applicable legal provisions. When viewed from the stages of law enforcement, psychologists play a role in four stages, including prevention, handling, prosecution, and execution of decisions.
To date, there are 4 (four) forms of psychologist contributions in court practice, namely:
- As an expert witness, where the psychologist provides expert testimony before the court as requested by the judge, prosecutor or lawyer;
- As an expert advisor outside the court for matters related to the trial in general, such as opinions or research results given to the panel of judges, the suspect or his representative, and the victim or his representative;
- As an ad-hoc judge, namely professional psychologists whose expertise is requested to serve as a member judge in a panel of judges who try certain cases;
- As an educator of prospective judges or an enhancer of expertise for senior judges, which is focused on becoming an awareness course related to the psychological situation of judges when trying cases, the trial process itself and when judges make criminal decisions.
According to Costanzo (2006) there are three roles of psychologists in law enforcement. First, psychologists as advisors. Psychologists are often used as advisors to judges in the trial process. Psychologists are asked to give opinions on whether a defendant or witness is eligible to be asked for information in the trial process. The existence of psychologists depends on the parties who are interested in their expertise, for example in cases of divorce lawsuits, domestic violence, sexual crimes, and so on.
Second, psychologists as evaluators. As a scientist, psychologists are required to be able to evaluate an activity or program. Psychologists can make profiling analysis of suspects or victims to explain the case and its motives. Programs related to psychological intervention in order to reduce criminal or deviant behavior, for example programs to prevent teenagers from using drugs. Is the program really able to reduce the level of drug use among adolescents? Then it is necessary to conduct program evaluation by psychologists in the formation of laws and regulations and law enforcement.
Third, psychologists as reformers. Psychologists are expected to have a more important role in the legal system, namely as reformers in the legal system. Psychologists are expected to be able to actualize their knowledge into an applicative level, so that the legal system, starting from the process of arrest, trial, guidance, and imposition of criminal sanctions is based on scientific (psychological) studies. Psychologists can advocate the need for laws to be passed based on the findings of psychological research, for example: the ratification of the Pornography Law is indeed necessary in line with the large number of sensual broadcasts in electronic media that can affect the formation of children's character.
In the Minister of Health Regulation Number 45 of 2017 concerning Permits and Implementation of Clinical Psychologist Practices, it is regulated regarding Clinical Psychologists who can determine how to decide that a person suffering from mental disorders is competent enough to face the trial process? and is it possible to predict that a person suffering from mental disorders will become a dangerous person in the future? The competence or authority of clinical psychologists for the benefit of criminal law and civil matters is explained in Article 17 and Article 18 of the Minister of Health Regulation Number 45 of 2017, one of which is providing assessments to clients who are people who are psychologically studied.
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