Revitalization of Customary Court in the Juvenile Criminal Justice System in Indonesia

Abstract

At present in Indonesia, the existence of customary court in society is still recognized as a mechanism that is applied in solving the problems of customary or criminal violations, which are carried out without involving the law enforcement officers. This study aims to answer two problems. The first is how the customary court in the Dayak Kanayatn tribe and the second is how revitalization customary court in the juvenile justice system in Indonesia. The research will be conducted in Pontianak, West Kalimantan. The method used is a socio-legal research, which analyzes the legal implementation based on legal and society. The results showed that Dayak Kanayatn indigenous peoples have customary court mechanisms capable of solving community problems based on collective agreements and various existing sanctions show that customary court in the community is able to provide a sense of justice in handling cases that occur in the community and the revitalization of customary court in the juvenile criminal justice system in Indonesia needs to be done through a mechanism of participation of traditional people as an alternative in solving problems with customary law characteristics, cultural pluralism, moral values, and religion that bring the best interest for children.

The Role of the Sarak Opat in Resolving Minor Crimes

“…In some regions, said process is still recognized and used to facilitate access to justice. (Rochaeti & Sutanti, 2018). In customary communities throughout Indonesia, disputes have long been resolved by deliberation and consensus through institutions such as village or customary courts.…”