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  • ISSN[Online] : 2643-9875  ||  ISSN[Print] : 2643-9840

Volume 05 Issue 07 July 2022

A Renewal Attempt at a Bill in Indonesia’s Criminal Law: A Study of the Development in the Norm of Rejang Customary Law
1Herlambang,
2Helda Rahmasari,
3Randy Pradityo
1,2,3Fakultas Hukum Universitas Bengkulu, Jl. WR. Supratman, Kandang Limun, Kota Bengkulu
DOI : https://doi.org/10.47191/ijmra/v5-i7-09

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ABSTRACT:

The inventory of Rejang Customary Law norm, specifically in Bengkulu Tengah regency, in line with the Indonesia’s Law Renewal Policies. All of the way to strengthen the local wisdom, including the case resolution mechanism within National political Law, are all been stated in National Policies, started when it was stated in the Presidential Regulation of the Republic of Indonesia No. 7 Year 2005 concerning the National Medium term development plan (RPJMN) in 2004-2009, which already written to reform the law system and politic in the next five years. Therefore its necessary to conduct research on customary court, especially on customary law in Rejang community whose domiciled in Bengkulu Tengah. Some of the question that needed to be answered in this research is which forms, term, norms and reaction are there that of the Rejang Customary Law that still apply in the communities that occurs in Bengkulu Tengah regency that related to crimes against one’s dignity and life. This research is an empirical law research, which examines the law as a fact and the application of law in the Rejang society in Bengkulu Tengah regency. Regarding to crimes againts the dignity and life of a person, there are several institution of Customary Law norm with respective reaction/sanction, namely Menggomboa, Tekleseng, Tekabeak, Ngabeak, Iram Coa Berdaleak, Cido Celako, Upet, Johong Pemayo, Begaseak, Bangun Kenyayo, Cempalo Tangan, Bangun mayo, Kerineak. While customary reaction to violation of customary norms relating to the dignity and the life of a person are Minai Maaf and or Tentok Kambing, and or Tepunjung, and or kedendo, and or Tepung Tabea (Setawar Sedingin), expulsion, or signing a letter of Peace Agreement.

KEYWORDS:

Criminal Law, Customary, Indonesia, Norms, Rejang, Renewal

REFERENCES

1) https://www.rejanglebongkab.go.id. Downloaded on Thursday 6 November 2021 at 11.32.

2) Bengkulu Tengah Regency Government. At a glance the history of Bengkulu Tengah Regency https://bengkulutengahkab.go.id. Downloaded on Tuesday 11 January 2022.

3) Draft Criminal Law.pdf. http://reformasikuhp.org. Downloaded on Tuesday 2 November 2021 at 11.50

4) Ahdiana Yuni Lestari. Traditional law teaching materials, Muhammadiyah University of Yogyakarta, Faculty of Law. 2017. page 32. http://repository.umy.ac.id. Downloaded on 3 Januari 2021, at 11.06. as it is known that the term criminal law is a translation of the Dutch term "adat delicten recht" or the law of customary violations. The definition of customary offense law, according to Ter Haar, shows that there is a unilateral act which the other party expressly or secretly declares as an act that disturbs the balance. According to Van Vollenhoven, customary offenses are actions that should not be carried out even though in reality the event or act is only a small mistake.

5) Ibid, page 33. Reaction or correction actions in resolving the consequences of events that disturb the balance can not only be taken against the perpetrator, but also can be held accountable to the family or relatives of the perpetrator or the indigenous peoples.

6) Ibid

7) https://bengkulutengahkab.go.id. Downloaded on Thursday 6 November 2021 at 12.13.

8) the meaning of justice. https://www.pn-tanahgrogot.go.id . The court is the official state body or agency that implements the judicial system in the form of examining, adjudicating, and deciding cases. The form of the judicial system that is implemented in court is an official public forum and is carried out based on procedural law applicable in Indonesia to resolve disputes and seek justice in civil, labor, administrative and criminal cases. Everyone has the same right to bring their case to court, both to settle disputes and to seek protection in court for parties accused of committing a crime. Meanwhile, the judiciary is everything or a process carried out in the Court related to the task of examining, deciding and adjudicating cases by applying the law and/or finding the law "in concreto" (the judge applies legal regulations to real things that are brought before him for trial. and decided) to maintain and ensure compliance with material law, using the procedural methods established by formal law.

9) I Ketut Sudantra, Tjok Istri Putra Astiti, I Gusti Ngurah Dharma Laksana. The Customary Justice System in the Customary Law Community Units of the Pakraman Village in Bali. Balinese Studies Journal Volume 07, issue 01, April 2017. Page 85. https://ojs.unud.ac.id

10) [10] Dean G Pruitt, Jeffrey Z. Rubun, (2004). Social Conflict, Yogyakarta: Student Library, p. 84 quoted by La Syarifuddin. Customary Law System Against Criminal Case Settlement Efforts. legal treatise, Volume 15, issue 2, Desember 2019, page 3.

11) Ibid.page 137

12) Hesti Hanivon Berta, Herlambang. helda rahmasari. Inventory of Customary Violations Relating to Crimes Against People in the Rejang Community in Bengkulu Tengah Regency. Faculty of Law Bengkulu University. 2019. http://repository.unib.ac.id. Downloaded on Tuesday 21 Desember 2021. at 9.31

13) The customary reaction is a series of events that aim to restore (restore) the balance, which has been disturbed due to the act of violating the custom.Loc. cit.

Volume 05 Issue 07 July 2022

There is an Open Access article, distributed under the term of the Creative Commons Attribution – Non Commercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting and building upon the work for non-commercial use, provided the original work is properly cited.


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