Septiana Sari
Lambung mangkurat University

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ANALISIS IMPLIKASI SANKSI KEWAJIBAN ADAT SEBAGAI SANKSI PIDANA TAMBAHAN DALAM KUHP NASIONAL Tiya Erniyati; Septiana Sari
Al-Adl : Jurnal Hukum Vol 18 No 2 (2026)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v18i2.20559

Abstract

Living law accommodation aims to fulfill the sense of justice that exists in society. The new Criminal Code regulates the application of customary law through Article 2. However, the concept of living law-based punishment still leaves conceptual and practical problems, especially because customary sanctions are made additional penalties in the national Criminal Code. Meanwhile, customary sanctions are optional and cannot be imposed without the main penalty. This creates legal ambiguity, because although the existence of customary sanctions is recognized, their application is strictly limited, which can raise issues of justice and limit the recognition of local norms. This research focuses on normative-conceptual law. This is done by studying laws and regulations related to the concept of imposing principal and additional criminal sanctions and normative values ​​in society. This is done by collecting legal materials; literature studies are conducted to collect primary and secondary legal materials. The results of the study show that customary sanctions as additional criminal sanctions give rise to various problems, including limiting the various forms of customary sanctions that apply in society, both when customary law is formulated in customary regulations or customary obligation sanctions as additional criminal sanctions in the national Criminal Code. If there is no clarity regarding the mechanism for imposing principal sanctions along with additional customary criminal sanctions, this could potentially violate the principle of ne bis in idem.