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Adhalia Septia Saputri
Bhayangkara University Jakarta Raya, Indonesia
Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Social Sciences

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Juridical Review of Customary Criminal Law in the Perspective of Indonesian Positive Law Adhalia Septia Saputri
Asian Journal of Management, Entrepreneurship and Social Science Vol. 3 No. 02 (2023): May, Asian Journal of Management, Entrepreneurship and Social Science
Publisher : Cita Konsultindo Research Center

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Abstract

Basically, the sentence "legal values ​​and a sense of justice that live in society, the law does not exist or is unclear, sources of unwritten law are used as the basis for adjudicating". reflects both expressly and impliedly that the enforceability of customary criminal law is also regulated in Law Number 48 of 2009 concerning Judicial Power. Apart from the policylegislation the enactment of criminal law is regulated and discussed in various customary criminal law seminar forums to also be directed in the framework of reforming national criminal law, for example: in the Resolution of Point IV of the National Law Seminar 1 of 1963 in the Field of Criminal Law it is stated that: "what are seen as evil acts are are acts whose elements are formulated in the Criminal Code and in other laws. Thus, this does not close the prohibition on the actions of living customary law and does not hinder the formation of the desired society with customary sanctions that can still be in accordance with the dignity of the nation.
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