Peran Hukum Pidana dalam Penegakan Tindak Pidana Kearifan Lokal di Indonesia

Abstract

Customary criminal law is a legal system applied in a society to regulate behaviour that is considered to violate customary norms. Although customary criminal law has deep cultural roots, its recognition and application often involve collaborative actions between customary authorities and the formal legal system. This research uses a legal research method with a statute approach, literature study, and case approach. The results show that the existence of customary criminal law in the national legal system is still recognised through regulations such as Article 18B of the 1945 Constitution and the new Criminal Code. However, challenges in its application still arise, such as conflicts with national laws and weak protection of indigenous peoples' rights. In addition, environmental customary criminal law and national criminal law have a relationship through the recognition of customary values in the state legal system. Environmental customary criminal law helps preserve the ecosystem, while national criminal law provides legitimacy through regulation.