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: | https://repotest.untar.ac.id/id/eprint/39234 |
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