EFFECTIVENESS OF CUSTOMARY CRIMINAL LAW APPLICATION AS ONE SOURCE OF CRIMINAL LAW (STUDY IN NORTH LOMBOK REGENCY)

Suratan Takdir, L. Parman, and L. Sabardi

Abstract:

This study aims to determine and analyze the effectiveness of the application of customary criminal law in North Lombok Regency and what factors influence the effectiveness of the application of customary criminal law in North Lombok Regency. The results showed that materially and indirectly the Law of Indigenous Peoples’ Penal Code of North Lombok Regency had been applied and stated in written regulations namely legislation seen from Emergency Law Number 1 of 1951. However, formally the North Lombok District’s customary criminal law had not been regulated in a rule the standard, where the procedure of the procedure has not been regulated in Indonesian positive law and is formally not recognized or not regulated in the Indonesian Criminal Procedure Code namely Law Number 8 of 1981. Factors that influence the effectiveness of the application of customary criminal law in the Regency North Lombok is influenced by Legal Factors and Non-Legal Factors.

 

Keywords: effectiveness, law, indigenous crime

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