<![CDATA[This study aims to analyze the integration of living law values into the practice of Kanika Paksa within the Donggo Customary Institution in relation to the presumption of innocence. The research employs a normative-empirical legal approach through an examination of legal provisions and interviews with village government officials, customary institution representatives, community leaders, youth leaders, and individuals who have experienced Kanika Paksa. The findings show that Kanika Paksa continues to exist as a customary legal practice and constitutes part of the living law of the Donggo community, serving to maintain social order, harmony, responsibility, and social balance. However, its implementation continues to face several problems, particularly an evidentiary system that tends to rely on one-sided statements, limited opportunities for defense, and the potential determination of guilt before an objective examination has been completed. These conditions have the potential to conflict with the presumption of innocence, due process of law, and the protection of human rights. Therefore, the integration of living law values is not intended to eliminate Kanika Paksa, but rather to reconstruct its mechanism so that it becomes more transparent, objective, proportional, and provides balanced opportunities for all parties.]]>
Copyrights © 2026
