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Penerapan Hukum Pidana Adat dalam Kehidupan Masyarakat Baduy di Tengah Sistem Hukum Nasional Indonesia Sigit Kamseno; Saifun Nufus; Robby Nurtresna; Mabsuti Ibnu Marhas; Yayatul Mu’awanah; Deandra Ramadhan; Nilam Cahya Listyani; Eka Yulia Nengsih; Musa Bahri; Tryola Nadia
ALKHIDMAH: Jurnal Pengabdian dan Kemitraan Masyarakat Vol. 4 No. 1 (2026): Jurnal Pengabdian dan Kemitraan Masyarakat (ALKHIDMAH)
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/alkhidmah.v4i1.53

Abstract

Customary criminal law is an integral part of the living legal system within indigenous communities in Indonesia. One of the indigenous groups that consistently maintains and applies customary criminal law is the Baduy community in Lebak Regency, Banten Province. This study aims to analyze the implementation of Baduy customary criminal law, forms of customary violations and imposed sanctions, the role of customary institutions in resolving customary criminal cases, and its relevance within the Indonesian national legal system. This research employs a qualitative method with a juridical-empirical approach, using literature review and observation techniques. The findings indicate that Baduy customary criminal law is applied based on the principles of pikukuh karuhun, emphasizing the restoration of social and cosmic balance rather than retributive punishment. The resolution of customary violations is conducted through customary deliberation, with customary leaders playing a central role. Baduy customary criminal law has proven effective in maintaining social harmony within the indigenous community and aligns with the concept of restorative justice adopted in modern criminal law. This study concludes that Baduy customary criminal law remains relevant within Indonesia’s legal pluralism and can serve as a valuable reference for developing a more contextual and justice-oriented national legal system grounded in local wisdom.
Tantangan Masyarakat Adat Baduy Banten Kidul Terhadap Perubahan Sosial Budaya Robby Nurtresna; Dika Ratu Marfu’atun; Muhamad Yusar
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 1 No. 2 (2023): Mei : Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v1i2.587

Abstract

The Kasepuhan adat community of Banten Kidul in Sirnaresmi Village is a traditional society that still adheres to the heritage of their ancestors. Along with the development of incoming science and technology, the Kasepuhan community is gradually experiencing cultural changes. The cultural changes that occur as a result of the challenges and responses of the indigenous Kasepuhan community to new things have resulted in cultural acculturation. The purpose of this study is to determine changes in the culture of the indigenous people of Banten Kidul. This research method uses historical research methods. Historical research is a process of reconstructing history by collecting historical facts and data, then building them into a single unit. The results of this study show that this cultural change is due to the challenges of an increasingly ultramodern era and the response of society to new things so that cultural acculturation occurs. This change is evidenced by elements of several cultures such as technological systems, belief systems and changing language speech. But thus, even though not every change becomes negative, it means that there can also be positive changes that occur in the Kasepuhan indigenous people of Banten Kidul.