Criminal Customary Of Baduy Society

The existence of Baduy community in Lebak Regency is classified into 3 (three) groups, namely: a. Inner Baduy (Urang Kanekes); b. Outer Baduy (Urang Panamping); c. Baduy Dangka. In general, it can be described that the first group called the Baduy Dalam (Urang Kanekes) community is a society that obeys the entire rules or rules set by Pu'un (Kepala Adat). Baduy Dalam community lives in 3 (three) villages of Cibeo, Cikartawana, and Cikeusik. Related to the custom law in Baduy Dalam, for its adherents there is the enforcement of customary law, that is with the enforcement of customary criminal law for the offenders are subject to strict sanctions.One is the customary criminal society Baduy Dalam which provides social crime penalties for the community Banduy In violation of customary law. Philosophically Social work penalty is in harmony with the fifth principle of Pancasila, which is social justice for all the people of Indonesia, in which the value of hard work is included. In carrying out the social work crime, the convicted person is required to work hard in serving the crime. Social work crime is the "indigenous culture" of the Indonesian nation, because in Indonesian customary law is not known criminal deprivation of independence, namely imprisonment and imprisonment. The conformity of values adopted by the Indonesian nation with the values of social work crime is a driving force in the successful implementation of social work crime.


INTRODUCTION
The country of Indonesia has a wealth of customs and cultures of diverse.
Cultural diversity contained in various tribes in Indonesia is a wealth of Indonesians who need to get protection from the Government of Indonesia.This is in accordance with the contents of the fourth paragraph of the 1945 Constitution, the contents of which are stated: "Later than that to form an Indonesian state government that protects 2) Secondary Legal Material.This secondary legal material provides an explanation of the primary legal material derived from several literature and other scientific papers that can explain the problems in this study.
3. Data analysis method.This study will only analyze secondary data, by analyzing deductively from the special statement to the general statement.

Legal Basis for the enactment of Customary Criminal Law
The presence of customary law does not consider or consider whether it will be recognized or not by the power of the State, but because it must arise.Words should appear indicating the authenticity of customary law.Basically it emerges from within the community itself autonomously and is therefore called authentic.By borrowing the term from Hart, the customary law is closer to the primary rules of obligation than the state law made purposeful and therefore closer to the secondary rules of obligation .
Customary law is incongruous or strongly intertwined with the local culture.The word "culture" here indicates a strong traditional emotional element of the customary law.It is also a law that is heavily laden with certain values of values.Even in certain areas of Indonesia such as Aceh, for its adherents, customary law is identical with religious law.Then by accepting and practicing customary law, people feel at once cultured.
Associated with customary law in Indonesia, for its adherents there is the enforcement of customary law, namely with the enforcement of customary criminal law to beagi violators are subject to strict sanctions.One example, in Bali there is a written source of customary criminal law as proposed by I Made Widnyana as follows:  In Awig-Awig it contains restrictions that the community may not engage in or the obligations to be followed by that society, which if violated results in the imposition of sanctions by the community through its adat leadership.
Based on the opinion of I Made Widnyana mentioned above can be seen that customary criminal law in Indonesia has existed, born, grow and develop in Indonesia The civil material law and for the time being the civil law criminal law which has been in effect for the territories of the Swapraja and those previously tried by the Adat Tribunal, is still applicable to the subjects and the person with the understanding that a lawful act the living should be considered a criminal act, but unequaled in the Criminal Code, it is deemed punishable by a sentence no later than three months in jail and / or a fine of five hundred rupiah, that is, as a substitute punishment if the customary law imposed is not followed by the parties the convicted person and the intended replacement shall be deemed to be equal by the Judge with the greatest degree of conviction, that if the customary judgment imposed by the judge's mind transcends him with the imprisonment or fine referred to above, then the defendant's error may be subject to a substitute sentence of up to 10 years in prison, with the understanding that the punishment of customary law the order of the judges is not aligned with the times always replaced as mentioned above, that an act which according to the living law should be considered a criminal act which is appealed in the Criminal Code, it is deemed to be threatened with the same punishment as its most similar appeal to a criminal act.

Understanding Customary Criminal Law
The existence of customary law is inseparable from customary law.Customary law has the following definitions :1.Laws that are not made intentionally; 2. Laws that show strong spiritual aspects; 3. Laws that are closely related to the basics and the structure of the local community.The Dutch East Indies law became the formal basis for the enactment of customary law giving the stance on customary law as "de onder hen gelgende, met hunne godsdienten en gewoonten samen hangenden rechtsregelen".
If the success of the regulation by law is judged by its usefulness to the common living environment in which the law applies, then in the past the customary law has fulfilled that measure.To borrow a sense in legal anthropology the customary law has fulfilled the ideological function of the law, the rules are perceived by community members as proper rules to channel and control the behavior of their community members.
In relation to one of the control functions in customary law, the existence of adat (sanction) is very important to restore the balance that has been torn apart as a result Based on the opinion of Ter Haar BZN mentioned above, Nyoman Serikat Putra Jaya is of the opinion that in order to be called as a customary criminal act, the act must cause a shock in the balance balance of the community.The shock is not only if the rule of law in a society is violated, religious, ethnic and religious norms are violated .
In the meantime, Van Vollenhoven mentioned that indigenous delict was an unlawful act , while Hilman Hadikusuma mentioned that customary law is living law and will continue to live as long as there is a human culture, customary criminal law can not be removed by legislation, invitation.If a law against which it was wiped out, it would be useless.In fact the criminal law of the legislation will lose its source of wealth, because the customary law is more closely related to anthropology and sociology than legislation .
Based on some opinions on adat criminal law as described in the above description it can be mentioned that customary law is an act that violates the feelings of justice and propriety that live in society so as to cause disturbance of peace and balance of the community concerned.Therefore, to restore peace and the balance occurs custom reactions as a form of restore disturbed magical tranquility with the intention of being a form of nullifying or neutralizing an unlucky state due to a customary offense.The attitude of "keukeuh" held by Baduy people does not make the Baduy people affected by modern life, this condition that encourages the number of domestic and foreign tourists who visit the traditional village Baduy community.

Baduy Customary Governance Structure
In social life, Baduy society has two system of government, that is national system by following the rule of Unitary State of Republic of Indonesia and adat system which follow custom of Baduy society.Both system is well acculturated, thus creating harmonization.System of formal government in Baduy society led by the Village Head called Jaro Pamarentah.The position of Jaro Pamarentah is under the camat, while for the adat leader in Baduy society is led by the highest leader, Pu'un.
Pu'un's existence is in three villages (Tangtu), namely Cibeo, Cikeusik and Cikertawana.Position Pu'un lasted for generations, but the position is not automatically passed from father to son, but other relatives can be selected to Pu'un.
The lifting period of Pu'un is not specified.In the case of the transition of Pu'un's office, the transition is based on the ability to hold office control, while the daily executor of Kapu'unan customary government is carried out by Jaro which is divided into 4 (four) positions, namely: a) Jaro Tangtu, has a responsibility to carry out customary law on the citizens of Tangtu and to take care of other matters.b) Jaro Dangka or Jaro Dependent, Jaro Dangka in charge of guarding, taking care of, and maintaining the land titipan ancestors in and outside Baduy.Jaro Dangka is 9 (nine) people and added with 3 (three) Jaro Tangtu called Jaro Dua Belas, while the leader of Jaro Twelve is called Jaro Tanggungan.c) Jaro Pamarentah, customarily serving as a liaison between Baduy adat communities and the National Government.In carrying out his The provision of adat sanction for customary law violators Baduy community, is a reaction to restore the balance that was torn as a result of violation of customary law Baduy community.This condition is related to the settlement of legal issues among the Baduy community.ceremony Ngabokoran in order to "beberes" after completing the time of detention in the customary house of detention.
In the Baduy area, there are currently 3 (three) customary detention houses, namely: 1) Kampung Cibeo has a traditional prison house in Cihulu; 2) Kampung Cikertawana has a customary house in Cibengkung; 3) Cikeusik village has a customary house of detention in Sarahkokon.
During the time of detention in the traditional prison house, the Baduy customs lawyers are supervised by Jaro Dangka which amounts to 5 people.After completing his term of detention (depending on the severity of the offense), the customary law offender is given advice and asked about the option to stay in Baduy In or in Outer Baduy, after Beberes was held after Jaro Dangka received consideration from Pu'un as the highest Customary Head in Baduy.
At this time there are 3 (three) Pu'un who hold the highest power in Baduy, namely: 1) Pu'un Jahadi was in Cibeo for the duty of Courage; 2) Pu'un Yasih is in Cikeusik for Government duties; 3) Pu'un Tarmah in Cikertawana for treatment of Baduy people who suffer from illness.
Positions held by each Pu'un is still a unity among inseparable Baduy society, which will provide consideration on Jaro Dangka in the implementation of beberes after the Baduy customs lawman underwent his prison term.
In terms of the form of punishment / punishment for the Baduy customary law, in the customary criminal society Baduy there are principles contained in non-custodial criminal action in the form of social work crime, in the form: 1) Farming (without enjoying the results), the results are handed over to Jaro Dangka; 2) Assisting Jaro Dangka's duties in daily work to maintain the village environment; 3) The term of detention is maximum 40 (forty) days depending on the severity of violation of customary law which is violated.In this case it is in accordance with the principle of substitution of a substitute criminal equivalent to the imposition of a short prison sentence of not more than 6 (six) months in jail.
THE SPIRIT OF SOCIETY JOURNAL International Journal of Society Development and Engagement Volume 2 Number 1 September 2018 ISSN : 2597-4777 (Online) -ISSN : 2597-4742 (Print) This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. the whole nation and the entire blood of Indonesia, and to promote the common prosperity, to educate the life of the nation, and to participate in the implementation of world order based on eternal freedom and social justice, the independence of the Indonesian nation in a Constitution of the State of Indonesia, formed in a composition of the state of the Republic of Indonesia sovereign people based on: Belief in the Almighty, a just and civilized Humanity, Indonesian Unity, and Democracy led by the wisdom of wisdom in deliberation / representation, and by realizing a social justice for all Indonesian people ".Subsequently, the objectives of the state are translated into Article 18 B Paragraph (2), jo, Article 28 C Paragraph (2) and Article 32 Paragraph (1) of the 1945 Constitution.Article 18 B Paragraph (2) of the 1945 Constitution which is stated as: "The State recognizes and respects the unity of indigenous and tribal peoples along with their traditional rights as long as they are alive and in accordance with the development of society and the principle of the Unitary State of the Republic of Indonesia, as governed by law."As for the provisions of Article 28 C Paragraph (2) of the 1945 Constitution, the content is stated: "Every person shall have the right to advance himself in his collective struggle for his rights to build up his society, nation, and country".Based on the provisions of the 1945 Constitution mentioned above, it is clear that the existence of indigenous peoples in Indonesia received recognition from the Government of Indonesia.This means that the Government of Indonesia places indigenous communities in a strong position and has an important role in the life of the nation and state in Indonesia.This provision is the constitutional basis for the right of customary law community to govern itself and uphold its customary law, but cumulatively must meet the following conditions: 1.As long as it is alive.2. In accordance with the development of society.3.In accordance with the principle of the Unitary State of the Republic of Indonesia.4. Arranged in legislation.The contents of Article 32 paragraph (1) of the 1945 Constitution stated: (1) The State promotes the national culture of Indonesia in the midst of world civilization by Cikartawana, and Cikeusik.The second group, the Baduy Luar community is a group of Baduy people who have been influenced by the culture from outside, including the influence of modern technology.The domicile of Baduy Luar community is in the village of Cikadu, Kaduketuk, Kadukolot, Gajeboh, Cisagu, which surrounds the area of Baduy Dalam.The third group is Baduy Dangka is a community who live outside the Baduy area.Currently there are only 2 villages left, namely Padawaras (Cibengkung) and Sirahdayeuh (Cihandam).The function of this Kampung Dangka as buffer zone (buffer zone) for outside influences to the Baduy community.In the background of the problem has been explained that the Baduy community has its own customary government under the leadership of Pu'un (Kepala Adat) highest among the Baduy community, which is assisted by Jaro, who has a position under Pu'un.Based on the uniqueness of Baduy people who have their own customary government institutions, the following problems can be formulated: What is the customary criminal form of Baduy Dalam society?And What are the principles of criminal social work in customary criminal law of Baduy Dalam society?METHOD In this research, using descriptive research method, that is research aimed to discuss existing problems by collecting data, compiling, classifying, and analyzing Social Work Crime in Criminal Adat Baduy Society. 1) Study the document, by studying the books that have something to do with the research conducted.;2) Interview, is a data collection tool that is done by question and answer directly from the source.The form of questions used in the interviews is open using interview guidelines.Secondary data sources, ie data collected by others outside the researcher, in the form of document studies.Secondary data referred to in this research is data obtained from library materials.Inside this secondary data consists of three legal materials, namely : This primary legal material is derived from several laws and regulations relating to the problems in this study, including: a. 1945 Constitution of the State of the Republic of Indonesia; b.Law Number 1 / Drt Year 1951 Law Number 12 Year 2005 on Ratification of the International Covenant On Civil and Political Rights (International Covenant on Civil and Political Rights); c. Law Number 39 Year 1999 on Human Rights;

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Journal of Society Development and Engagement Volume 2 Number 1 September 2018 ISSN : 2597-4777 (Online) -ISSN : 2597-4742 (Print) This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

First,
Manawa Dharmasastra (Manu Dharmasastra) or Weda Smrti (Compendium Hindu Law).Second, the Book of Four Religion is the Book of Religion, Book of Adi Religion, Book of Purwa Religion, Book of Kutara Religion.Third, Awig-Awig (Banjar, traditional village) are the rules or wishes of local customary law community that are created and legalized through a muyawarah and written on palm leaves or paper.
since long.The existence of customary criminal law in Indonesia is regulated in the provisions of Article 1 and Article 5 paragraph (3) sub b Emergency Law no. 1 of 1951 on Temporary Measures to Organize Unity of Structure, Power and Events of Civil Courts.Within the provisions of Article 1 of Act No. 1 of 1951, it is mentioned that except the village court of the entire governing body of the gubernemen, the independent jurisdiction (zelbestuurrechtspraak) except the religious courts if the court is in accordance with the living law is a part of the autonomous court, and the judiciary adat (Inhemsee rechtspraak in rechtsreek bestuur gebied) unless the court is in accordance with the law of life is a separate part of the customary court has been abolished.The basic nature of the provision means that Act No. 1 of 1951 has eliminated other court bodies except the general, religious and rural courts in the provision of Article 5 paragraph (3) sub b of Act No. 1 of 1951 stated that: Departing from the above provisions trdapat 3 basic conclusion provisions of Article 5 paragraph (3) sub b Drt Act no. 1 Year 1951, namely:Firstly, that an unequaled or unequaled criminal offense in the Criminal Code (KUHP), which is not as severe or as a minor criminal offense, is a prison sentence with a maximum of three months and / or a fine of five hundred rupiah (equivalent to minor crimes), the minimum as set forth in the provisions of Article 12 of the Criminal Code which is 1 (one) day for imprisonment and a fine of at least 25 cents in accordance with Article 30 of the Criminal Code.However, for customary criminal offenses, the threat of criminal punishment shall be no longer than 10 (ten) years, as a customary penalty servant not served by the defendant.Second, customary crimes which are appealed in the Criminal Code, the threat of criminal punishment is similar to the criminal punishment contained in the Criminal Code, such as the customary crimes of Drati Kerama in Bali or Mapangaddi (Bugis), Zina (Makassar) comparable to the criminal act of adultery as stipulated in Article 284 Criminal Code.Thirdly, customary sanctions as mentioned above may be the principal or principal punishment by a judge in examining, adjudicating and adjudicating acts which, according to the living law, are considered to be unequal crimes in the Criminal Code, whereas an offense against which there is an offense in the Criminal Code should be imposed sanctions in accordance with the provisions of the Criminal Code.In line with the enactment of customary law as set forth in the Act of Drt Number 1 Year 1951 mentioned above, in 2000 issued MPR Stipulations governing the implementation of customary criminal law, namely in Article 1 number (1) and (2) Decree MPR-RI Number III / MPR / 2000 on the Source of Law and Order of Legislation Regulation that determines the source of law is the legal source used as material for the preparation of legislation stating that the source of law consists of written and unwritten legal sources.Thus it can be said that the enactment of customary criminal law in Indonesia has a legal basis.
THE SPIRIT OF SOCIETY JOURNAL International Journal of Society Development and Engagement Volume 2 Number 1 September 2018 ISSN : 2597-4777 (Online) -ISSN : 2597-4742 (Print) This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. of the violation of customary law itself.The definition of customary crime can be found in several doctrinal views as follows: First, Ter Haar BZN assumes that what is considered a delict is any one-sided disturbance (eenzijding) to equilibrium and every collision in terms of one on the material and immaterial life goods of one person or of the many persons constituting a unity (gangs).Such actions give rise to a reaction of a nature and a small size dutentukan by customary law (custom reactie), because the reaction where the balance can and should be restored (mostly by way of payment of violations in the form of goods or money).

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Journal of Society Development and Engagement Volume 2 Number 1 September 2018 ISSN : 2597-4777 (Online) -ISSN : 2597-4742 (Print) This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.The existence of customary criminal law is closely related to the life of an indigenous people, one of which is the Baduy community living in the province of Banten, which maintains local cultural values that are owned and believed in amidst the advancement of the civilization of the times, despite the many great changes in the towns surrounding Kanekes Village.

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Journal of Society Development and Engagement Volume 2 Number 1 September 2018 ISSN : 2597-4777 (Online) -ISSN : 2597-4742 (Print) This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.duties, Jaro Pamarentah assisted by pangiwa, carik, and kokolot overtime or village elders.By looking at the customary government structures possessed by the Baduy community mentioned above, it can be argued that Jaro Tangtu, Jaro Dangka, and Jaro Tanggungan has a function as law enforcers when customary law Baduy community violated or violation of customary law Baduy community.Criminal Principles of Social Work in Customary Law of Baduy SocietySanctions or customary crimes in Baduy society as a form of adat reactions are imposed in case of violation of customary rules or adherents, then for the offender shall be liable to a penalty adjusted to the offense committed.As for the forms of violation of pikukuh / hukum adat committed by Baduy society consists of: 1. Serious offenses; and 2. Light violation.Examples of minor violations committed in the form of bickering between people Baduy.Bentuk mild punishment for a Baduy residents who involved bicker in the form of warning by Pu'un to be given a warning.The gross violations for the Baduy community are dripping blood (wounding, killing), adultery and dressing with modern clothing like people living in towns surrounding Kanekes Village.The severe penalties or customary criminal sanctions imposed on the offender were initiated by the local Jaro Tangtu calling and given a warning, subsequently received severe punishment by being admitted into a customary house of detention under the supervision of Jaro Dangka for 40 (forty days).
He treated a Baduy customary lawyer as a social worker without being paid / earned a cultivation result during his time of detention is in accordance with the contents of the National Criminal Code Concept (Year 2012) which regulates the crime that threats punishment less than 6 months in prison, can be replaced with social work.The rule is contained in the draft of the Criminal Code Draft in Article 66. Article 66 of the National Criminal Code (2012) concluded that the social work penalty is fifth in the main criminal type.The details of the social work penalty are further elaborated in Article 88.The consideration of the imposition of criminal labor on the offender is outlined.Here is the sound of Article 88: Paragraph 1.If the imprisonment to be imposed is not more than 6 (six) months or the fine is no more than category I, the imprisonment or the fine can be replaced by a social work penalty Paragraph 2. In the imposition of a social work penalty as referred to in paragraph (1), the following matters shall be considered: a. Submission of the defendant to a crime committed; b.The defendant's decent working age is explained about the purpose and all matters related to social work crime; c.Approval of defendant after being explained about the purpose and all matters related to social work crime; d.Social history of the accused; e. Protection of the defendant's safety; f.Confidence The religion and politics of the accused: g.The ability of a tedakwa to pay criminal penalties Paragraph 3. Implementation of social work crime should not be commercialized Social work penalty can be undertaken by criminals at least 7 hours and maximum