The Legal Position of Customary Criminal Sanctions for the Baduy Community in Indonesian Legal Politics

Abstract

Laws that live in society or known as living law are a characteristic of a cultural nation that must be protected by the state, one of which is the application of customary criminal sanctions to the Baduy community which emphasizes settlement through kinship compared to corporal punishment. The emergence of the problem of overcapacity in correctional institutions isone of the indicators that shows that, applying and imposing criminal sanctions is not always effective. This study aims to determine further the position of customary criminal sanctions in the Baduy community which is considered more effective and more optimal without causing much effect in its application. The approach method used in this research is a sociological juridical approach and the research specification uses a descriptive analytical method. Based on the results of the research, it shows that national legal politics is a basic policy in the administration of the State in the field of law and through national legal politics, reform of Indonesian criminal law can be realized by making changes and utilizing the sources of the values prevailing in Indonesian society.