Sustainability of Rejang’s Indigenous Law in Completion of Criminal Acts: Perspective of the Principle of Deliberation

DOI

10.2991/icils-19.2019.31How to use a DOI?

Keywords

Criminal Act; Criminal Law; Customary Criminal Law; Deliberation Principle

Abstract

The criminal justice system is a method chosen by a society, nation, state in resolving violations of criminal law, should be adapted from the culture and civilization of the nation. The method chosen must also occupy the parties, (perpetrators of victims, witnesses, the surrounding community), in the proper place, as an embodiment of the principle of procedural justice. The principle of deliberation and consensus contained in the meaning of the Fourth principle of Pancasila as a feature in the implementation of democracy in Indonesia, It should also be the basis for resolving criminal acts that occur in the community. The Rejang tribe, is the largest ethnic group in Bengkulu Province, most of which are domiciled in Lebong Regency, Rejang Lebong, Kepahyang North Bengkulu, Central Bengkulu and some in Bengkulu City, have their own way of resolving violations of several criminal acts stipulated in the Criminal Code. This article is written based on several studies conducted using empirical legal research methods. The results of the study show that the procession of resolving several criminal acts is carried out in several levels, namely at the family level and at the level of "Kutei".The completion of several criminal acts is carried out in stages, namely the first stage, pre-trial (reports from residents to the village head / Ginde / Depatei, which later by the village head / Ginde / Depatei reports to the customary functionaries / customary instruments and syarak, which then determines the deliberation day. In the second stage, there is a prescribed day of deliberation / deliberation conducted by the opening of the session by the customary chairperson, then the submission of the Position Case, followed by examination and question and answer with victims of witnesses and perpetrators, after being considered sufficient, the customary leader together with community leaders and devices syarak conducts deliberations to make decisions about the case including determining the number and type of customary reactions that must be carried out by the perpetrators or victims or their families and surrounding communities. After that, the customary apparatus returned to the consultative assembly to announce the deliberation decision. The third stage was held a traditional ceremony to carry out the decision.

Copyright

© 2019, 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  - Herlambang
AU  - Herlita Erike
PY  - 2019/11
DA  - 2019/11
TI  - Sustainability of Rejang’s Indigenous Law in Completion of Criminal Acts: Perspective of the Principle of Deliberation
BT  - Proceedings of the 2nd International Conference on Indonesian Legal Studies (ICILS 2019)
PB  - Atlantis Press
SP  - 175
EP  - 180
SN  - 2352-5398
UR  - https://doi.org/10.2991/icils-19.2019.31
DO  - 10.2991/icils-19.2019.31
ID  - 2019/11
ER  -