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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Sipakatau
Merry Elisabeth Kalalo
Universitas Sam Ratulangi, Indonesia
Religion Arts Humanities Computer Science & IT Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Nursing Physics Social Sciences Veterinary Other

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Pluralism-Based Law Enforcement in the Handling of Baduy Customary Criminal Cases by the Lebak District Prosecutor’s Office, Banten Jefri Penanging Makapedua; Merry Elisabeth Kalalo; Dani Robert Pinasang; Caecilia Johanna Julietta Waha
Jurnal Sipakatau: Inovasi Pengabdian Masyarakat Vol. 3 No. 5 (2026): August
Publisher : PT. Global Research Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66314/sipakatau.v3i5.1060

Abstract

The constitutional recognition of customary law community units in Article 18B paragraph (2) of the 1945 Constitution demands criminal law enforcement that is not purely positivistic, but rather respects the living law within society. This study examines pluralism-based law enforcement in the handling of customary criminal cases of the Baduy community by the Lebak District Prosecutor’s Office, Banten, with the aim of analyzing the philosophical foundation, the implementation, and the ideal concept of the prosecutorial function in integrating customary law with state law. The method employed is normative legal research supported by an empirical field study, through statutory, conceptual, and socio-legal approaches, as well as descriptive-analytical qualitative analysis. The results show that the Lebak District Prosecutor’s Office positions Baduy customary law as a normative system on an equal footing with state law and shifts the retributive paradigm toward a restorative one through Prosecutor’s Regulation Number 15 of 2020. The handling mechanism operates through pre-prosecution filtering, coordination with the Puun and the Jaro, and the absorption of customary decisions as the basis for the termination of prosecution as well as a mitigating factor in the indictment. The ideal concept positions the prosecutor as a facilitator of legal pluralism who bridges the interests of the state and the customary community. The study concludes that specific regulation and a dedicated unit of prosecutors assisting customary communities are needed so that legal pluralism rests on a strong legal basis and does not remain sporadic.
Protection of Traditional Cultural Expressions of the North Sulawesi Community Against Unauthorized Use for Commercial Purposes Merry Elisabeth Kalalo; Betsy Anggreni Kapugu; Deizen Rompas
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6675

Abstract

This study examines the legal protection of traditional cultural expressions (TCEs) of North Sulawesi communities, which are frequently exploited without authorization for commercial purposes. Such exploitation raises significant legal issues, particularly concerning intellectual property rights violations and the neglect of the collective rights of Indigenous communities. The objective of this research is to analyze the existing legal framework for protecting TCEs and to propose a more adaptive and equitable model of legal protection. This is a normative legal study employing statute, conceptual, and case approaches. Data were analyzed qualitatively and descriptively through literature review and legal document analysis. The novelty of this research lies in its proposed community-based legal protection model that integrates customary law principles with national legislation and international cultural rights standards. The findings reveal that the current legal protections are fragmented and do not yet provide optimal safeguards for Indigenous TCEs. The study recommends the development of a more comprehensive legislative framework, the strengthening of local government roles, and the establishment of protection mechanisms based on the active participation of Indigenous communities
Co-Authors Betsy Anggreni Kapugu Caecilia Johanna Julietta Waha Dani Robert Pinasang Deizen Rompas Jefri Penanging Makapedua