Formulation of Customary Criminal Sanctions From a Human Rights Perspective
The provision of customary criminal sanctions varies according to the customs and norms that apply in an area and this research takes a case study in Merauke Papua. This research focuses on the provision of customary sanctions for perpetrators which will be viewed from the point of view of human ri...
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| Format: | Article |
| Language: | English |
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Fakultas Hukum, Universitas Muhammadiyah Buton
2022-12-01
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| Series: | Jurnal Hukum Volkgeist |
| Subjects: | |
| Online Access: | http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/2708 |
| _version_ | 1797973805435453440 |
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| author | Erni Dwita Silambi Rosnida Rosnida Enni Eka kusumawati |
| author_facet | Erni Dwita Silambi Rosnida Rosnida Enni Eka kusumawati |
| author_sort | Erni Dwita Silambi |
| collection | DOAJ |
| description |
The provision of customary criminal sanctions varies according to the customs and norms that apply in an area and this research takes a case study in Merauke Papua. This research focuses on the provision of customary sanctions for perpetrators which will be viewed from the point of view of human rights. This study aims to see and analyze the criminal sanctions given to the perpetrators and whether these sanctions do not conflict with the human rights that apply in Indonesia.
The type of research used in this research is a combination of normative legal research and empirical legal research where normative research will look at legislation related to human rights and also provisions regarding customary sanctions while empirically will look for direct data in the field then data analyzed using qualitative methods will then be presented descriptively. The results of this study are that customary law does not recognize the division between criminal law and civil law but the sanctions given to both criminal cases and civil disputes are the same, namely tubers, coconuts, bananas, wati (a typical Papuan plant), pigs, giving sister and the death penalty, pay with the land that has been determined.
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| first_indexed | 2024-04-11T04:10:03Z |
| format | Article |
| id | doaj.art-cb3e546872244d26b5020a83955ac184 |
| institution | Directory Open Access Journal |
| issn | 2528-360X 2621-6159 |
| language | English |
| last_indexed | 2024-04-11T04:10:03Z |
| publishDate | 2022-12-01 |
| publisher | Fakultas Hukum, Universitas Muhammadiyah Buton |
| record_format | Article |
| series | Jurnal Hukum Volkgeist |
| spelling | doaj.art-cb3e546872244d26b5020a83955ac1842023-01-01T11:31:33ZengFakultas Hukum, Universitas Muhammadiyah ButonJurnal Hukum Volkgeist2528-360X2621-61592022-12-017110.35326/volkgeist.v7i1.2708Formulation of Customary Criminal Sanctions From a Human Rights PerspectiveErni Dwita Silambi0Rosnida Rosnida1Enni Eka kusumawati2Universitas MusamusUniversitas Cokroaminoto MakassarUniversitas Musamus The provision of customary criminal sanctions varies according to the customs and norms that apply in an area and this research takes a case study in Merauke Papua. This research focuses on the provision of customary sanctions for perpetrators which will be viewed from the point of view of human rights. This study aims to see and analyze the criminal sanctions given to the perpetrators and whether these sanctions do not conflict with the human rights that apply in Indonesia. The type of research used in this research is a combination of normative legal research and empirical legal research where normative research will look at legislation related to human rights and also provisions regarding customary sanctions while empirically will look for direct data in the field then data analyzed using qualitative methods will then be presented descriptively. The results of this study are that customary law does not recognize the division between criminal law and civil law but the sanctions given to both criminal cases and civil disputes are the same, namely tubers, coconuts, bananas, wati (a typical Papuan plant), pigs, giving sister and the death penalty, pay with the land that has been determined. http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/2708Customary CrimesHuman RightsSanctions |
| spellingShingle | Erni Dwita Silambi Rosnida Rosnida Enni Eka kusumawati Formulation of Customary Criminal Sanctions From a Human Rights Perspective Jurnal Hukum Volkgeist Customary Crimes Human Rights Sanctions |
| title | Formulation of Customary Criminal Sanctions From a Human Rights Perspective |
| title_full | Formulation of Customary Criminal Sanctions From a Human Rights Perspective |
| title_fullStr | Formulation of Customary Criminal Sanctions From a Human Rights Perspective |
| title_full_unstemmed | Formulation of Customary Criminal Sanctions From a Human Rights Perspective |
| title_short | Formulation of Customary Criminal Sanctions From a Human Rights Perspective |
| title_sort | formulation of customary criminal sanctions from a human rights perspective |
| topic | Customary Crimes Human Rights Sanctions |
| url | http://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/2708 |
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