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Perdana Herryanto Sultan
Sekolah Tinggi Ilmu Sosial Teminabuan
Humanities Computer Science & IT Economics, Econometrics & Finance Education Social Sciences

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The Urgency of Implementing Absolute Complaint-Based Criminal Offenses for Domestic Violence in the New Criminal Code: A Study in the Jurisdiction of the Pinrang Police Department Perdana Herryanto Sultan; Sitti Fausia
Journal of Social Research Vol. 5 No. 8 (2026): Journal of Social Research
Publisher : International Journal Labs (AHU-0028405-AH.01.14 Tahun 2022)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v5i8.3337

Abstract

This study aims to analyze the regulation of absolute complaints for domestic violence crimes (KDRT) in the New Criminal Code and its implementation in the jurisdiction of the Pinrang Police. The research uses empirical juridical methods with a legislative approach, a case approach, and a sociological approach. Data was obtained through interviews with investigators of the Pinrang Police PPA Unit and Pinrang District Court Judges as well as case document studies. It was found that the placement of violence within the scope of marriage as an absolute complaint offense through Article 473 paragraph (6) of the New Criminal Code was followed by a decrease in the number of domestic violence reports, as well as giving rise to new obstacles in the form of pressure on victims to withdraw complaints before the case is completed. This study is one of the initial studies on the work of the provisions of the absolute complaint of domestic violence in the New Criminal Code in the South Sulawesi region.
Reconstructing the Harmonization of Customary Law and National Law in the Formulation of Public Policy Based on Living Law in Indonesia Sitti Fausia; Perdana Herryanto Sultan
Journal of Social Research Vol. 5 No. 9 (2026): Journal of Social Research
Publisher : International Journal Labs (AHU-0028405-AH.01.14 Tahun 2022)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v5i9.3396

Abstract

Indonesia’s plural legal system reflects the coexistence of national law, customary law, and other normative orders; however, the harmonization of customary law within public policy remains incomplete and often results in legal uncertainty, conflict, and limited social legitimacy. This study aimed to reconstruct a living-law-based model for harmonizing customary law and national law in public policy formulation in Indonesia. The research employed normative legal research using statutory, conceptual, comparative, and case approaches. Legal materials included constitutional provisions, legislation, court decisions, scholarly literature, and government policy documents, which were analyzed qualitatively through systematic, historical, and teleological interpretations. The findings revealed that disharmony persists in the recognition of customary law communities, natural resource management, and dispute resolution because sectoral regulations and administrative mechanisms have not fully accommodated living customary norms. This study proposed a five-stage harmonization model consisting of the identification of living customary values, synchronization with statutory law, participation of customary communities, context-sensitive policy implementation, and periodic evaluation. The study concluded that legal harmonization should integrate relevant customary values without compromising legal certainty, human rights, and the rule of law, thereby supporting more inclusive, responsive, legitimate, and substantively just public policies in Indonesia within the framework of its contemporary plural legal order.
Co-Authors Sitti Fausia