Journal article

Innovation in Resolving Customary Sanctions in Criminal Cases in Bali

I DEWA MADE SUARTHA I Dewa Agung Gede Mahardhika Martha Made Dandy Pranajaya

Volume : 12 Nomor : 3 Published : 2020, January

International Journal of Innovation, Creativity and Change

Abstrak

The purpose of this study is to find out and analyse the importance of the application of custom sanctions and the consequences of fair punishment of perpetrators by district courts in the resolution of customary criminal cases in Bali. The method used is an empirical legal science method by directly digging field data and documents analysed descriptively qualitatively. The results of the research show that district court judges in Bali have never linked custom sanctions in their decisions expected by the community to perpetrators of customary criminal acts because they have not been regulated in the Criminal Code. Therefore, in the future it is expected that district court judges must have the courage to associate customary sanctions as additional penalties expected by indigenous peoples in addition to criminal sanctions in the Criminal Code in resolving customary criminal cases in Bali and to those authorised to make Laws (KUHP) and drafters of the Criminal Code new ones in the future must follow up on this matter. Key words: Customary criminal cases in Bali, Customary sanctions, Urgency of