The Role of Customary Criminal Law in Resolving Cases Involving Children

DOI

10.2991/978-2-38476-325-2_33How to use a DOI?

Keywords

Customary Criminal Law; Children

Abstract

The process of resolving cases of children involved in legal problems should be different from adults. The procedure must be carried out carefully, so that children continue to receive maximum protection. In fact, no matter how good the formal justice arrangements are for children, it is believed that it will never have a good impact on children because it will cause trauma, stigmatization and the risk of experiencing violence and exploitation. This is different from indigenous communities that have their own customary law characteristics. This writing aims to find out and explain the role of customary criminal law in resolving cases involving children. The research method is juridical-normative, with a legislative approach and a conceptual approach to analyze the legal issues raised. The results of the study conclude that Customary Criminal Law in Resolving Cases Where the perpetrators are Children, namely the customary resolution process carried out in criminal cases involving children, whether cases of violence, harassment, naughty children, are resolved peacefully by the customary leader, both from the victim and the perpetrator. After each party gathers, a traditional ceremony is held starting with a preface. Then discuss the existing problems to find the core of the problem so that it is clear. After the process continues, an agreement is reached where each party feels satisfied and comfortable. Meanwhile, Customary Criminal Law in Resolving Cases in which the victim is a Child, namely the process of imposing sanctions begins with the payment of a certain amount of fine to the customary leader, then the perpetrator’s family provides a yellow arbor (tumpeng) and a certain number of animals, such as cows, goats. After all is complete, the village cleaning procession begins and continues with the reading of the decision on sanctions against the perpetrator. All stages in the customary trial that have been explained above are led by the customary leader.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Riska Andi Fitriono
AU  - Supanto Supanto
AU  - Ismunarno Ismunarno
AU  - Winarno Budyatmaja
AU  - Tika Andarasni Parwitasari
PY  - 2024
DA  - 2024/12/19
TI  - The Role of Customary Criminal Law in Resolving Cases Involving Children
BT  - Proceedings of the ASEAN Conference on Sexual Exploitation of Children (ACOSEC 2024)
PB  - Atlantis Press
SP  - 288
EP  - 294
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-325-2_33
DO  - 10.2991/978-2-38476-325-2_33
ID  - Fitriono2024
ER  -