Implementation of Customary Criminal Sanctions in Efforts to Resolve the Criminal Act of Lokika Sanggraha (Study of Decision NO.997/PID.SUS/2019/PN.DPS)

Abstract

Within the scope of Balinese traditional society, every criminal act or violation of the law related to decency or Lokika Sanggraha will be subject to special customary sanctions. Decency and Lokika Sanggraha have values ​​and rules that are highly respected. Lokika Sanggraha regulates customary criminal acts related to decency, such as sexual relations outside of marriage that result in pregnancy and are terminated without a clear reason. Law enforcement against Lokika Sanggraha is very important for Balinese traditional society because it violates the sense of justice in society. This study covers two issues of primary concern, namely the application of customary criminal sanctions in cases of customary criminal acts of Lokika Sanggraha in Court Decisions and can it be said that the application of customary criminal sanctions of Lokika Sanggraha is fair and effective according to the perspective of customary law and national law. The purpose of this paper is to understand the enforcement of criminal law in the context of custom and its relationship to positive Indonesian law. This study uses a normative juridical method by reviewing related literature. The results of the study indicate that customary law communities in Indonesia receive recognition and protection by the constitution. In addition, this study explains how sanctions are imposed on perpetrators of of Lokika Sanggraha to protect the rights and justice for women.