Customary Delict Of Penglipuran Bali In The Perspective Of The Principle Of Legality: A Dilemma And Arrangements For The Future

Adhari, Ade and Widyawati, Anis and Windia, I Wayan P and Hutabarat, Rugun Romaida and Tania, Neysa (2021) Customary Delict Of Penglipuran Bali In The Perspective Of The Principle Of Legality: A Dilemma And Arrangements For The Future. Journal of Indonesian Legal Studies.

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Abstract

In the context of criminal law, recognition of customary law begins with a very fundamental principle, namely the principle of legality – a legal basis for declaring an act as a criminal act. This paper examines the implementation of customary law regarding the violation of Indonesian Legal Thoughts Amid Various World Legal Thoughts Published by Faculty of Law, Universitas Negeri Semarang, Indonesia Volume 6 Issue 2, November 2021 ISSN (Print) 2548-1584 ISSN (Online) 2548-1592 JILS (JOURNAL of INDONESIAN LEGAL STUDIES) 412 JILS (JOURNAL OF INDONESIAN LEGAL STUDIES) VOLUME 6(2) 2021 Available online at http://journal.unnes.ac.id/sju/index.php/jils Penglipuran customary, in accordance with the customary delict from the perspective of the principle of legality and the future policy formulation of the principle of legality that accommodates the existence of customary law. To answer these problems, socio-legal research methods are used, data in the form of legal documents and results of in-depth interviews, various approaches (legal, theoretical, and historical approaches) and then analyzed through deductive- inductive methods. The results show that the Criminal Code adheres to the principle of formal legality, consequently, the written law is the only source to declare an act as an offense. Whereas in the Penglipuran community, it is known that customary delict is regulated not only in awig-awig but also unwritten ones such as pararem penyahcah awig and perarem ngele. The existence of indigenous peoples is not only found textually but also commonly, carrying out their lives based on customary law which contains applicable values, principles, and norms. Therefore, it is necessary to formulate the principle of legality that accommodates the existence of customary law as a source of criminalizing acts. This is intended to realize a criminal law that accommodates the rights of indigenous peoples to “their own institutions, laws, and customs".

Item Type: Article
Subjects: Jurnal
Divisions: Fakultas Hukum > Ilmu Hukum
Depositing User: fh perpus
Date Deposited: 04 Apr 2023 00:38
Last Modified: 04 Apr 2023 00:38
URI: http://repository.untar.ac.id/id/eprint/39234

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