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Restuti, Dhini Hindria
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Law, Crime, Criminology & Criminal Justice

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RENEWAL OF CRIMINAL LAW IN THE CUSTOMARY LAW Restuti, Dhini Hindria
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 3, No 1 (2018): May 2018 Indonesian Journal of Criminal Law Studies
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v3i1.17104

Abstract

This research aims to find out the position of customary law in the renewal ofcriminal law and also main difference between the Indonesia Criminal Codeand Custom Criminal Law. The research method used in this research isqualitative normative juridical approach. In this research we are able to findthe result, that is, if the Customary Law acts as the source of law in theRenewal of Criminal Law, then it can be seen from the angle of policyapproach. First, as part of social policy. Second, as part of criminal policy.Third, as part o law enforcement policy. Then the main differences between theIndonesia Criminal Code and Custom Criminal Law lie in the subject of Law,deliberate or mistake, the crime doer, trial offence, nature of offence.
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