Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia

Research Article

Adat Penal Decision in The Indonesia Legal Practice

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  • @INPROCEEDINGS{10.4108/eai.14-4-2021.2312455,
        author={Maryano  Maryano and Lilik  Mulyadi and Muhammad  Ogan},
        title={Adat Penal Decision in The Indonesia Legal Practice},
        proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLHR},
        year={2021},
        month={10},
        keywords={customary law customary court customary crime},
        doi={10.4108/eai.14-4-2021.2312455}
    }
    
  • Maryano Maryano
    Lilik Mulyadi
    Muhammad Ogan
    Year: 2021
    Adat Penal Decision in The Indonesia Legal Practice
    ICLHR
    EAI
    DOI: 10.4108/eai.14-4-2021.2312455
Maryano Maryano1,*, Lilik Mulyadi1, Muhammad Ogan1
  • 1: Doctor of Law, Universitas Jayabaya, Jakarta, Indonesia
*Contact email: maryano.myn@gmail.com

Abstract

The broad scope and dimensions of customary law are regulated in legal instruments, both national and international instruments. In terms of its substance, customary law can be categorized into customary civil law, customary state constitutional law, customary criminal law. Some terms have been derived from customary law including customary criminal law, customary offenses, customary violation law or criminal customary law for the forerunner. Seen from its source, customary criminal/civil law were developed from both written and unwritten sources. In this normative juridical research, legal materials were collected through identification and inventory of primary, secondary and tertiary legal materials. The legal materials were then normatively analyzed, which results showed that the presence of Customary Criminal Law in Indonesia is “there but not there”. Its legality principle as stated in the normative perspective of Emergencies Act number 1 of 1951 explains that legislative policies are sectoral and the jurisprudence is under the authority of the Indonesian Supreme Court. In fact, many decisions have been made by Indonesian judiciary institutions on customary criminal cases and customary civil cases.