EKSISTENSI HUKUM PIDANA ADAT DI INDONESIA: PENGKAJIAN ASAS, NORMA, TEORI, PRAKTIK DAN PROSEDURNYA

Abstract

The existence of customary criminal law  Indonesia was assessed from the perspective of normative (ius constitutum) regulated in Article 18 B Constitution 1945 the amendment, Article 1, Article 5, paragraph (3) sub b of Law No. 1 Drt 1951, Article 5, paragraph (1), Article 10 paragraph (1) and Article 50 paragraph (1) of Law No. 48 of 2009. Then partially in certain areas such as Aceh Nanggroe Darussalam stipulated in Law No. 44 of 1999, Law No. 11 of 2006, the following is implemented in the form of Qanun both Provincial and District levels , In Papua, stipulated in Article 50 paragraph (1) of Law No. 21 of 2001. Then stipulated in Article 7, 8 Indigenous Protection Bill of 2009 proposed by the Regional Representative Council and Article 18 paragraph (1) Bill on Recognition and Protection of the Rights of Indigenous Customary law prepared by the House of Representatives in 2012. Next in Bali organized and implemented in the form Awig-Awig Village People (Pakraman) as well as from the perspective of ius constituendum stipulated in the provisions of Article 2 paragraph (1), (2) Criminal Code bill of 2012. Then the level of principle Book regulated Ciwasasana or Purwadhigama Book, Book Gajahmada, Simbur Book Light, Book Kuntara Raja Niti, Book Lontara 'ade' and awig awig. In addition, assessed from the perspective of theory, practice and procedures found in the form yurispudensi Supreme Court as No. 42 K / Kr / 1965 dated January 8, 1966, Supreme Court Decision No. 275 K / Pid / 1983 dated December 29, 1983, Supreme Court Decision No. 1644 K / Pid / 1988 dated May 15, 1991, Supreme Court Decision No. 666 K / Pid / 1984 dated February 23, 1985 as well as sanctioning the customary (drug customary) essentially to restore the natural balance of magic, restore the cosmos in order to restore the impaired balance to be both magical religio.
Keywords: criminal law customary, traditional sanctions, practice.