THE IMPLICATIONS OF CUSTOMARY CRIMINAL LAW ARRANGEMENTS FOR THE RESOLUTION OF CUSTOMARY CRIMES IN THE NATIONAL CRIMINAL CODE

Abstract

The regulation of customary criminal law in the National Criminal Code is an important issue in the context of legal in Indonesia. This article aims to analysis two main resolving customary criminal offences; secondly, the extent to which the regulation can ensure the protection of the rights of indigenous peoples in the enforcement process law. This research uses a normative juridical method with a legal approach. legislation and conceptual. The results show that the regulation of customary criminal law in the National Criminal Code provides recognition of the existence of indigenous peoples and customary law resolution mechanisms, but there are still challenges in harmonization with the legal system. national law, particularly in the application of universal principles of criminal law. In addition, this arrangement has the potential to strengthen the protection of the rights of indigenous peoples, especially in relation to restorative justice and respect for the rights to local values. However, concrete steps are needed to ensure effective implementation, including training for law enforcement officers and law strengthening customary law institutions. This article recommends that the formation of PP and Perda is formed as soon as possible because as a guideline in the implementation of customary criminal law.