Varia Justicia
Vol 17 No 1 (2021): Vol 17 No 1 (2021)

Customary Law Existency in The Modernization of Criminal Law in Indonesia

Tolkah Tolkah (Sekolah Tinggi Ilmu Hukum Gunung Jati)



Article Info

Publish Date
07 May 2021

Abstract

Customary law is defined as assets owned by the Indonesian nation and developing in society. However, the existence of customary laws is often questioned to what extent these laws can be applied. In several criminal law cases in Indonesia, several regions still use the customary law system as an alternative to decisions because its role in law enforcement is quite dominant. This study aims to identify the existence of customary law as a modernization of criminal law in Indonesia. This study used a descriptive analytic method with a normative and empirical juridical approach. The data used are secondary data and primary data. The results show that the customary law can be used as a basis of law for developing new criminal laws that are acceptable to the society. Indonesian customary criminal law, which is divided into numerous customary law units, represents the Indonesian nation's original culture, which was once governed by Islamic law. Customary law is very relevant as a consideration for Indonesian criminal law reform, especially in the formulation of the Criminal Code (KUHP).

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Journal Info

Abbrev

variajusticia

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Varia Justicia (ISSN 2579-5198) is a peer-reviewed Journal of Legal Studies developed by the Faculty of Law, Universitas Muhammadiyah Magelang. This journal publishes biannually (March and October). The scopes of Varia Justicia, but not limited to, are: Constitutional Law, Criminal Law, Civil Law, ...