RENEWAL OF CRIMINAL LAW IN THE CUSTOMARY LAW

Abstract

This research aims to find out the position of customary law in the renewal of
criminal law and also main difference between the Indonesia Criminal Code
and Custom Criminal Law. The research method used in this research is
qualitative normative juridical approach. In this research we are able to find
the result, that is, if the Customary Law acts as the source of law in the
Renewal of Criminal Law, then it can be seen from the angle of policy
approach. First, as part of social policy. Second, as part of criminal policy.
Third, as part o law enforcement policy. Then the main differences between the
Indonesia Criminal Code and Custom Criminal Law lie in the subject of Law,
deliberate or mistake, the crime doer, trial offence, nature of offence.