FUNCTIONALIZATION OF SCIENTIFIC EVIDENCE IN CONSTRUCTION SERVICE CRIMES: A CRIMINAL JUSTICE SYSTEM PERSPECTIVE IN INDONESIA

Abstract

The increasing complexity of construction activities has generated significant challenges in determining criminal liability for construction service crimes. Construction failures, technical negligence, safety violations, and other forms of misconduct frequently involve highly technical issues that cannot be adequately addressed through conventional forms of criminal proof. This study examines the functionalization of scientific evidence within Indonesia’s criminal justice system in relation to construction service crimes. Using a qualitative legal research design and a normative juridical approach, the study employs library research to analyze statutory regulations, legal doctrines, forensic science literature, forensic engineering studies, and scholarly works concerning criminal justice and construction law. The findings indicate that scientific evidence plays a central role in the investigation, prosecution, and adjudication of construction-related criminal cases. Through forensic science and forensic engineering, scientific evidence assists in reconstructing events, identifying the causes of structural failures, establishing causal relationships, and determining criminal responsibility. The study further reveals that the integration of scientific evidence enhances evidentiary reliability, legal certainty, and substantive justice. However, its implementation remains constrained by regulatory ambiguities, institutional limitations, inconsistent standards for evaluating expert evidence, and insufficient integration between legal and technical disciplines. This article proposes the concept of the functionalization of scientific evidence as an integrated framework linking forensic expertise and criminal accountability in construction service crimes. The study contributes to the development of criminal law scholarship by highlighting the strategic role of scientific evidence in strengthening criminal justice responses to construction-related offenses in Indonesia.