CD Skripsi
Penerapan Sanksi Pidana Adat Dalam Penyelesaian Perkara Pidana Ringan Di Desa Sintong Bakti Kecamatan Tanah Putih Kabupaten Rokan Hilir
ABSTRACT
The Unitary State of the Republic of Indonesia is a country that has many tribes
and various cultures that make us a nation rich in values that are hereditary and
are inherited from generation to generation. The 1945 Constitution serves as the
basis and reference in every regulation making and implementation in the
Republic of Indonesia. Article 18 b paragraph 2 of the 1945 Constitution
recognizes and respects customary law community units and their traditional
rights as long as they are still alive and in accordance with the development of
society and the principles of the Unitary State of the Republic of Indonesia, which
are regulated in the law. In this case the State has clearly stated that it recognizes
and provides clear rules regarding customary law communities where this custom
is an unwritten rule and becomes a living value in the midst of Indonesian society.
This research belongs to sociological legal research, namely research that wants
to see the correlation between law and society with the gap between das sollen
and das sein. This research was conducted in the areas of Sintong Bakti Village
and Sintong Village, while the population and sample were the Traditional Heads
of Sintong Bakti Village, Head of Sintong Bakti Village, Community Leaders and
the Sintong Bakti Village Community. The data sources used are primary data,
secondary data and tertiary data with data collection techniques by means of
interviews and literature review.
From the results that the settlement of minor cases that occurred in the village of
Sintong through customary law is very effective, because in fact the customary
law in the village of Sintong still exists and is highly respected by the people in
this village of Sintong. And the settlement of minor crimes through customary law
can regenerate the family system in the midst of society, so that punishment is no
longer made as an arena for revenge. Through this system it can be a means to
maintain local wisdom. In the application of customary criminal sanctions, this
becomes a challenge that customary stakeholders must have the courage to take,
considering that the case is their own nephew. In terms of implementation, all
concepts that prioritize deliberation have been carried out.
Key Words: Misdemeanor Crime, Customary Crime, Traditional Deliberation
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