Epistemological Errors of Criminal Law Politics in the Criminal Code: The Loss of Authority of the Chief of Adat

DOI

10.2991/978-2-38476-164-7_54How to use a DOI?

Keywords

Criminal Law Politics; Epistemological Fallacy; Indigenous

Abstract

Criminal law politics, as implied in the New Criminal Code, has established a process of criminalizing customary law as a living law within the community. This criminalization process, in order to be subsumed under Article 1 paragraph (1) of the New Criminal Code, utilizes legal instruments in the form of Government Regulations and Regional Regulations. This article aims to explain and uncover the ideological aspects - as a result of epistemological fallacies, which have an impact on the degradation of the essence and existence of Indigenous Leaders in maintaining harmony in the lives of Indigenous communities. Based on this, the problem that will be examined through this research is “how is the normative potential of regulating customary law as a criminal offense in the New Criminal Code?” This research uses Legal Research with empirical approach and Critical Discourse Analysis (CDA) approach. The result of this research is the state’s attempt to reduce the charisma of Indigenous Leaders through a normativization process based on the principle of legality. Thus, when there is a legal problem within the scope of the Indigenous Community, the existence of Indigenous Leaders will be removed. Therefore, members of the Indigenous Community will refer to Regional Regulations that have regulated types of Customary Criminal Acts.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Wibisono Oedoyo
AU  - Rocky Marbun
AU  - Aulya Rifa Zahra
PY  - 2023
DA  - 2023/12/21
TI  - Epistemological Errors of Criminal Law Politics in the Criminal Code: The Loss of Authority of the Chief of Adat
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 591
EP  - 601
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_54
DO  - 10.2991/978-2-38476-164-7_54
ID  - Oedoyo2023
ER  -