EFEKTIVITAS PENJATUHAN SANKSI TERHADAP PELAKU TINDAK PIDANA YANG DISELESAIKAN DENGAN MENGGUNAKAN HUKUM ADAT (Studi Pada Hukum Adat Tengger Desa Ngadas Kecamatan Poncokusomo Kabupaten Malang )
| Main Author: | Sanjaya, Chevroliansa |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2019
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/57504/1/NASKAH.pdf http://eprints.umm.ac.id/57504/ |
Daftar Isi:
- The existence of customary law against minor criminal acts is very much expected by the community, because to fulfill a sense of justice in the settlement of cases, so as to obtain legal certainty according to the wishes of the people and also not contrary to national law. In this case, the imposition of sanctions on perpetrators of minor crimes using Tengger's customary law is an appropriate action for indigenous peoples in Tengger and more importantly, the provision of such sanctions does not conflict with the laws in force in Indonesia. The research is aimed at identifying and analyzing the effectiveness of the imposition of sanctions on perpetrators of crimes that are settled using customary law. There is a formulation of the problem related to this research: 1) How is the process of imposing sanctions on perpetrators of crimes resolved by using Tengger's customary law, 2) How is the effectiveness of imposing sanctions given to perpetrators of crimes resolved by using customary law in the Tengger indigenous community. To achieve the objectives, the research carried out research using an empirical juridical approach or field research, in which the author will conduct research and collect data relating to the issues raised. In this study, the authors conducted field research related to the process of imposing sanctions on perpetrators of crimes that were resolved using Tengger's customary law. Later, it will be known the effectiveness of customary sanctions against perpetrators of criminal acts that are sanctioned and can be used as a reference to the formation of renewal of national criminal law based on customary law considerations, not only Tengger customary law, but also consider other customary laws that are positively can form a national criminal law that breathes the culture or culture of the original Indonesian people.