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Ari Wibowo, Eko
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Law, Crime, Criminology & Criminal Justice

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PEMBERLAKUAN KONSEP HUKUM YANG HIDUP BAGIAN DARI HUKUM ADAT DALAM PERKEMBANGAN KITAB UNDANG-UNDANG HUKUM PIDANA NASIONAL DI INDONESIA Ari Wibowo, Eko
JURNAL SUMBER HUKUM Vol 3 No 1 (2025): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

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Living law is part of customary law in Indonesia. Customary law is the original law of the Indonesian people. However, in some views, both from academics and practitioners, there are still differences in understanding regarding the application of existing laws in Indonesia. The method in this research uses the normative legal research method. Where the results of the discussion present an analysis between legal theory and legal formulation, especially those related to legal provisions that exist in customary law provisions and laws that exist in the provisions of the formulation of the principle of material legality. The results of this study state that in the development of criminal law reform in Indonesia, written law is highly respected in law enforcement in Indonesia as stipulated in the principles of formal legality so that the original Indonesian law, in this case customary law, has been neglected in Indonesia. However, with the legal reforms in the National Criminal Code, living law or customary law has now been given scope in the formulation of Article 2 of the National Criminal Code, so that in the enforcement of criminal law in Indonesia today, there is directly an idea of ​​balance between the principle of formal legality and the principle of material legality. So it is hoped that in the future, with the implementation of the National Criminal Code, law enforcement in Indonesia will be able to provide law enforcement that contains the values ​​of justice, benefit and certainty. Keywords; The principle of material legality, customary law, criminal law.
SANKSI PIDANA MATI TERHADAP PELAKU TINDAK PIDANA KORUPSI DI INDONESIA DALAM PARADIGMA YANG SERSIFAT PLURALISTIK Ari Wibowo, Eko
JURNAL SUMBER HUKUM Vol 3 No 1 (2025): JURNAL SUMBER HUKUM
Publisher : LPPM institut Teknologi Bisnis AAS Indonesia

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Abstract The death penalty for corruption crimes in Indonesia is basically regulated in the provisions of Article 2 of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption. In the provisions of this formulation, it seems that the death penalty sanction policy in Indonesia is experiencing legal problems, because legally the provisions of the death penalty sanction in Indonesia are not formulated clearly, thus obscuring the views of law enforcers in Indonesia. The research method used in this study is normative sociological legal research. The results of this study reveal a policy formulation for the death penalty that is ambiguous in its formulation but clearly visible in its legal interpretation. So basically, law enforcers can apply the death penalty to perpetrators of corruption in Indonesia. From a pluralistic perspective, criminal acts of corruption occur due to neglect of the wider community, especially in the process of holding elections in Indonesia, thus giving rise to criminal acts of corruption in the future by leaders and representatives of the people in Indonesia. Keywords: Corruption, Paradigm, Pluralism.
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