THE ROLE OF CUSTOMARY CRIMINAL LAW IN THE FRAMEWORK OF NATIONAL CRIMINAL LAW AFTER THE RATIFICATION OF LAW NO. 1 OF 2023 CONCERNING THE Criminal Code

Abstract

Customary criminal law as the original law of the Indonesian nation is essentially an inseparable part of the Indonesian legal system. The reform of Indonesian criminal law to replace colonial criminal law has accommodated customary criminal law as the basis for legalization or recognition of the existence of customary criminal law in the New Criminal Code (KUHP). However, on the other hand, the regulation of customary criminal law has implications for the existence of customary criminal law itself because of the formalization, requirements and restrictions on its application. This article examines the implications of regulating customary criminal law in the New Criminal Code that will be implemented. The study was carried out using normative legal research methods based on statutory regulations. From the study conducted, it was concluded that although the aim of regulating customary criminal law in the New Criminal Code is to provide a legal basis and protect the application of customary criminal law, these regulations create restrictions that can weaken the existence of customary law itself. What is basically needed is a legal basis that respects and protects customary criminal law to live and develop with its own legal norms, but of course still within the framework of the philosophy of the nation and state.

Keywords:Customary Criminal Law; Customary Law Community; Customary Court.