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Journal : Jurnal Ilmu Hukum

URGENSI HUKUM ADAT DALAM PEMBAHARUAN HUKUM PIDANA DI INDONESIA DESI APRIANI
Jurnal Ilmu Hukum Vol 5, No 1 (2015)
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (145.851 KB) | DOI: 10.30652/jih.v5i1.2779

Abstract

Long before the various forms oflegal entry into the archipelago,people who lived since thebeginning of civilization in thisarchipelago (Indonesia) have hadas a regulator kehidupan.Hal lawis in line with the expression ofCicero, Ubi Societas ibi originalius.Hukum as a regulator of thelife that is born from an idea(thought), the heart and soul ofthe people who later termed byexperts with state law Lifeadat.Dalam customary law cannot be separated from theestablishment and development ofnational law, including criminallaw pidana.Hukum Dutchheritage which is not inaccordance with the culturalvalues and personality societymust be renewed by taking thematerial of customary law thatcriminal law can be effective andideal, because the ideal of nationallaw is a national law thatresponsive.
DISKRESI KEPOLISIAN DALAM PENYELESAIAN PERKARA PIDANA BERBASIS KEARIFAN LOKAL Desi Apriani; Heni Susanti
Jurnal Ilmu Hukum Vol 7, No 2 (2018)
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/jih.v7i2.5509

Abstract

The purpose of writing this article is to explain the discretion of the police in the settlement of criminal cases based on local wisdom. This study uses an empirical method, by conducting interviews. Law enforcement in post-colonial Indonesia becomes formal and rigid and bureaucratic. Justice is as if it can only be obtained in an institution called court, so that in many cases the judicial process continues even though the parties have personally made peace. Police discretion as permitted by Police law is the most ideal step or way to change the rigidity of law enforcement. Certainly the discretion referred to here must be accountable on the basis of common interests, humanity and justice. This needs to be done in order to move the law into an Indonesian context based on local wisdom.