PENERAPAN SANKSI PIDANA ADAT TERHADAP PELAKU ZINA DI WILAYAH KENAGARIAN GARAGAHAN KECAMATAN LUBUK BASUNG KABUPATEN AGAM
ABSTRACT: Indonesia is a
country of law (rechstaat) that where any provision of law to lean or guided by
the Pancasila and the 1945 Constitution, as a rule it must notconflict with
higher laws as they apply nationally. But in social life other than national
laws that are also laws that grow and thrive in a society, in which the law was
born of habits or attitudes and behavior of society itself is often referred to
as the customs. Custom or habit is what will develop into a provision called customary
law. That customary law and traditional criminal law is still used in certain
areas. Particularly in the area Kenagarian Garagahan Agam District of Lubuk
cone, where people still use traditional criminal law to resolve crimes ofadultery.
In this study the authors used the method of sociological writing is research
inthe form of empirical studies and legislation to find theories about the
process and the effectiveness of the enactment or rule of law in society. The
conclusions that can be drawn on this issue, namely, that the application of
criminal sanctions such as discarded or customary in fines still can not beoptimally
applied, because of the people who most fear or do not report to the head of
customs about the incident so that the head of their own customs can not apply
The traditional criminal law. Advice given writer is the author suggests thatin
the preparation of the national Criminal Code should pay attention to the
values prevailing in the midst of society. In addition, for law enforcement is
expected to be able to act fairly in the imposition of sanctions for adultery.
Penulis: Bobi Handoko
Kode Jurnal: jphukumdd151246
