Criminal Adat Law in Indonesia Penal Code and Penal Code Draft

DOI

10.2991/icss-18.2018.262How to use a DOI?

Keywords

criminal; custom; legality;

Abstract

Indonesia has a different characteristic compared with those applied in other countries, especially the written text of Law. In general of penal, a sentence should based on existing law before crime conducted. Indonesian characteristic in law show the opposite, customary law specifically. This law has no written text of rule that makes the penal code categorizes it as no legal standing, while in general law there should be certanty in sentence. This law certainly affects the certainty of general penal code for the law belongs to customary penal code. The study applies conceptual and code approach as well. The code used to analyze the regulation of code related to customary penal code, while the conceptual is to determine government react toward the existance of customary penal code in Indonesia. The urgent of studying customary penal code become a serious concern for government. Customary law is not clearly written in penal code procedures, but in fact, custom can be used for crime consideration. To accomodate the unique of customary law, government establishes penal draft code that strighly states the draft of customary law.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Aris Hardinanto
PY  - 2018/10
DA  - 2018/10
TI  - Criminal Adat Law in Indonesia Penal Code and Penal Code Draft
BT  - Proceedings of the 1st International Conference on Social Sciences (ICSS 2018)
PB  - Atlantis Press
SP  - 1247
EP  - 1250
SN  - 2352-5398
UR  - https://doi.org/10.2991/icss-18.2018.262
DO  - 10.2991/icss-18.2018.262
ID  - Hardinanto2018/10
ER  -