Main Article Content
Abstract
“The fulfillment of local traditional obligation or obligation prevailing in the local community” as an additional crime in the Draft Plan of Criminal Code means that the law allows the regulation existing in the community (indigenous criminal law) which does not have an equivalent in the prevailing regulations of law to be a legal source”. In this matter, the law enforcers must be able to assess whether there is really a traditional crime reported by the victim. The difference between the criminal code and the indigenous criminal law principles must also be known and anticipated by the law enforcers. This research studies the additional criminal sanction from the perspective of restorative justice that is the indigenous law concept which requires the willingness and participation of the victim, perpetrator, and the community in order to find solution for the crime conducted. This research which uses the secondary data by literature study and the primary data using interview concludes that “the fulfillment of the local traditional obligation or obligation prevailing in the local community” meets the restorative justice principles. However, a comprehensive study is needed to include the restorative justice system into Draft Plan of Criminal Code and Draft Plan of Civil Code to create the synchronization and harmony between material criminal law and normative criminal law.
Keywords
Article Details
Authors who publish with this journal agree to the following terms:
a. Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
b. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.