EKSISTENSI HUKUM PIDANA ADAT DALAM PENYELESAIAN KASUS PERZINAAN DALAM KELUARGA DI KABUPATEN MUARO JAMBI

ANNISA MAHIRAH, ANNISA MAHIRAH (2019) EKSISTENSI HUKUM PIDANA ADAT DALAM PENYELESAIAN KASUS PERZINAAN DALAM KELUARGA DI KABUPATEN MUARO JAMBI. Tesis thesis, Universitas Batanghari.

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Abstract

ABSTRACT This thesis discusses the existence of customary criminal law in the settlement of cases of cohabitation in the family in Muaro Jambi Regency. This thesis problem formulation, namely how does the existence of a customary criminal law in resolving cases of cohabitation in the family in Muaro Jambi Regency, any problems encountered and how efforts to solve it. To analyse these problems used Socio Legal approach Research. Research refers to the legal norms contained in applicable subsequent regulations associated with the application that occur within the community. The third to examine existing problems used several theories, among others, the theory of restorative justice, crime prevention, legal customs of jambi. The results of this research suggests cohabitation in case resolution family in Muaro Jambi Regency that is carried out with customary criminal law that derives from the base of the customary law of jambi with expulsion from the village of Expulsion from the village but formerly washing with hometown held awarding one Buffalo tails, 100 measures of rice, coconuts and fruit selemak as nicely as 50. Then the offender apologizes for his actions and signed a peace treaty (letter setih). Problems encountered, namely the existence of a difference of opinion between young men with older – the old tengganai in indigenous meetings in deciding sanctions cases, cohabitation cases settled with national criminal law proceedings ruling on spending a long time and the cost is expensive so it gives a lot of sufferings to the offender, the community has not many know about the basis of customary law of Jambi. The effort of overcoming the problems occurred among others by means of the holding of the party personally approach the youths with elders of tengganai to keep enacting criminal law exists, all parties consulted that the customary criminal law more right compared to national criminal law, provide socialization to society in order to find out the basis of customary law of jambi. Advice is mthat does not occur within the family cohabitation that is providing guidance in religious faith in order to be reinforced from the lust and outreach on the basis of customary law of jambi so that people know that the criminal law can custom finish cases of adultery families with fast, affordable fees thus the existence of a customary criminal law applies and has the force of law. Keywords: Customary criminal law, Existence, Cohabitation, Muaro Jambi

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