CD Skripsi

Penyelesaian Tindak Pidana Diskriminasi Etnis Di Luar Pengadilan Melalui Lembaga Adat Melayu Riau

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ABSTRACT
In formal legal conduct contrary to criminal law, including
discrimination, acts of racial and ethnic discrimination are prohibited in
Article 4 (b) (2) of Law No. 40 of 2008 on the Elimination of Racial and
Ethnic Discrimination, which reads : 'Shows hatred or hatred towards
people because of racial and ethnic differences in the form of: (2): Speech,
express or say certain words in a public place or other place that can be
heard by others.
In the settlement of criminal offenses, especially in minor criminal
law, two choices are made to solve criminal law problems, namely litigating
or not litigating. peace consultation mechanism (no litigation) In indigenous
peoples, the case can be resolved out of court as long as the issue is a minor
criminal case. Among the cases that arose around disputes as well as insults
between ethnic groups between Malays and Batak tribes, this subsequently
caused commotion, involving insults between racial and ethnic groups
leading to disputes that were not in accordance with existing laws .
The wording of the problems in this dissertation research is, first, how
the legal perspective is related to the settlement of ethnic discrimination
crime out of court. second, how the law can be enforced in the settlement of
ethnic discrimination crimes through the Riau Malay Customary Institution
From the results of research based on two problem formulations, it
can be concluded: First, this settlement is resolved out of court through
common law mechanisms to bring about peace, brotherhood and
restoration of relations in society, in positive law the common law system is
not regulated but is recognized and has legal provisions. that is at the level
of positive law because this customary law has existed for generations and
is used in customary law communities. Second, settlement out of court
through the customary courts, settlement in this customary institution is not
regulated in the positive legal system in Indonesia but has a recognized
position in the Indonesian legal system, because the State recognizes and
respects the position of customary law.
Keywords: Racial and ethnic- discrimination-Indigenous Institutions

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 121 (0009)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2021

Deskripsi Fisik

xii, 29 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 121 (0009)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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