SANKSI PENGANIAYAAN DALAM HUKUM PIDANA ADAT KERINCI DAN HUKUM PIDANA INDONESIA

Ishaq, Ishaq and Razak, Abdul (2019) SANKSI PENGANIAYAAN DALAM HUKUM PIDANA ADAT KERINCI DAN HUKUM PIDANA INDONESIA. Al-Risalah; Forum Kajian Hukum dan Sosial Kemasyarakatan, 19 (1). pp. 17-36. ISSN 1412-436X

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Abstract

This research aims to discover the sanctions of torture in the customary criminal law of Kerinci Regency and Indonesian criminal law in efforts to reform Indonesian criminal law. Based on analysis of the data and facts, author described that the persecution in the Kerinci customary law system is considered an illegal act, which is given customary sanctions against the perpetrator, based on the customary saying “luka berpampas, mati berbangun’, namely the fine was treated until victim was healed, even the fine of one goat and one hundred bushels of rice, and paid for a buffalo and one hundred bushels of rice, depending on the condition of the wound, the aim of the fine is to restore disturbed (magical) balance in society. Persecution is regulated in articles 351 to Article 358 of the Criminal Code, where sanctions threatened variously with a sentence of two years and eight months up to fifteen years, depending on which persecution article has been violated and wheteher it has given a deterrent effect or not. Therefore, the drafting of the Criminal Code in Kerinci in the future should include the customary criminal sanctions as an additional criminal sanction in accordance with the socio-philosophical and socio-cultural values of Indonesian people

Item Type: Article
Keywords / Katakunci: Persecution Sanctions, Customary Criminal Law of Kerinci Regency, Indonesian Criminal Law.
Subjects: 2x4 Fiqih > 2x4.5 Jinayat (Pidana Islam)
Divisions: Fakultas Syariah > Hukum Pidana Islam
Depositing User: Murjoko S.Kom
Date Deposited: 28 Jun 2021 00:16
Last Modified: 28 Jun 2021 00:26
URI: http://repository.uinjambi.ac.id/id/eprint/8573

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