Legal Certainty in the Integration of the New Criminal Code and Customary Criminal Law
DOI:
https://doi.org/10.31328/wglr.v1i1.580Keywords:
Legal Certainty, Integration, New Criminal Code, Customary Criminal LawAbstract
This research is motivated by Article 2 paragraph (1) of the new Criminal Code which explains that the
law that develops in society is an additional provision after the Criminal Code. This has caused a lot of debate
and controversy because the new Criminal Code and customary criminal law have different characteristics. The
formulation of the problem in this study is the relevance of values between the new Criminal Code and
customary criminal law and how legal certainty is in the effort to integrate the two laws. This research uses
normative juridical and legal approaches. The research was carried out by studying the literature on laws and
regulations as primary legal materials equipped with journals and books as secondary legal materials. This study
produces a concrete comparison between the values contained in the new Criminal Code and the values in
customary criminal law which are contradictory. Another result of this study is the explanation of legal certainty
in the integration of the new Criminal Code and customary criminal law where legal certainty is not found in the
unification effort. With these problems, mediation between the community and law enforcement has emerged to
create national unity and form rules based on the culture of the Indonesian people.
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