Jurnal Hukum IUS QUIA IUSTUM
Vol. 27 No. 1: JANUARI 2020

Unifikasi Hukum Nasional Dalam Tindak Pidana Pembunuhan Berlatar Belakang Hukum Adat

Andika Wahyudi Gani (Universitas Negeri Makassar)
Muhammad Takbir (UIN Alauddin Makassar)



Article Info

Publish Date
29 Jun 2020

Abstract

This research describes the form of unification of national law on legal plurality in Indonesia. This is a case study research conducted in two regions in South Sulawesi, namely Jeneponto and Gowa Regencies. The aim is to investigate the unequal legal relations between positivistic national law and customary law. The methods used Werner Menski socio-legal approach and legislation approach. The results of this study are, first, law enforcers, in this case the Public Prosecutor and the Panel of Judges, in deciding cases only refer entirely to the law while ignoring customary law. On the other hand the defendant believes instead that his actions to be the right actions and should not be regretted based on his customary law. This is because of its position as a community law enforcer. Second, national law stands very dominant from other laws, especially customary law.

Copyrights © 2020






Journal Info

Abbrev

IUSTUM

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ius Quia Iustum Law Journal is a peer-reviewed legal journal that provides a forum for scientific papers on legal studies. This journal publishes original research papers relating to several aspects of legal research. The Legal Journal of Ius Quia Iustum beginning in 2018 will be published three ...