Jurnal
Penerapan Sanksi Pdana Adat Terhadap Pelaku La'a Sala Di Desa Beiwali Kecamatan Bajawa Kabupaten Ngada
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ABSTRACT
Natalino Candy P Gae (1522010033), the title of the thesis is about "The Application of Customary Criminal Sanctions Against La'a Sala Perpetrators in Beiwali Village, Bajawa District, Ngada Regency". Under the guidance of Mr. Nikolas Manu, SH.M.H as supervisor I and Mr. Daud Dima Tallo, SH., M.Hum as supervisor II. This research was conducted in the area of Beiwali Village, Bajawa District, Ngada Regency, East Nusa Tenggara Province.
Indonesia is a nation whose people have a diversity of tribes, races, religions, and customs spread in cities and villages. This diversity is a wealth and potential possessed by the Indonesian nation. Indonesia is a state of law (rechtstaat), where every applicable provision is always guided by a legal system that applies nationally. However, in addition to the enactment of national law in the community, a legal system also grows and develops, which originates from the habits that exist in the community. This custom will later develop into a provision called customary law. One of them is regarding La'a Sala which is a sexual violation between two people that cannot be resolved by marriage, because there are obstacles and prohibitions that have been stipulated in customary law in Beiwali Village. namely the existence of blood relations in a straight lineage down or up, blood relations in a sideways lineage, namely between siblings, between someone and a parent's brother and between someone and his grandmother's brother, the existence of marital relations, namely in-laws, stepson, son-in-law and mother/father This study aims to find out about the process of implementing sanctions against La'a Sala perpetrators and implementing decisions against La'a Sala perpetrators in Beiwali Village, Bajawa District, Ngada Regency. This study uses empirical legal research methods, which focus on applicable legal norms and their implementation in certain legal events in society, by taking information from related parties, then researchers conduct data analysis and then describe based on existing data.
Based on the data obtained during the research, the researcher concludes that the process of applying customary criminal sanctions against la'a sala perpetrators consists of receiving reports or complaints from the community, summoning and examining witnesses and perpetrators by a traditional elder, Babho (consultation by traditional elders). ), and decision-making by traditional elders to impose sanctions on perpetrators of la'a sala namely e lau kora (expulsion from the village), Bedhi (hanging punishment), Jera (customary fines), excommunication from social life and village cleaning ceremonies. By doing this research, it is hoped that related parties and all levels of society, especially in the Ngada area, will avoid and not perform la'a sala and also maintain the traditional values that have been inherited so that the cosmic balance is maintained.
Detail Information
| Item Type | |
|---|---|
| Penulis |
NATALINO CANDY P GAE - Personal Name
|
| Student ID |
1522010033
|
| Dosen Pembimbing |
NIKOLAS MANU - 195805261987041001 - Dosen Pembimbing 1
DAUD DIMA TALO - 195912261986011001 - Dosen Pembimbing 2 |
| Penguji |
Darius A Kian - 197908272006041003 - Ketua Penguji
|
| Kode Prodi PDDIKTI |
74201
|
| Edisi |
Published
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| Departement |
FAKULTAS HUKUM UNDANA
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| Kontributor | |
| Bahasa |
Indonesia
|
| Penerbit | UPT Perpustakaan Undana : Kupang., 2021 |
| Edisi |
Published
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| Subyek | |
| No Panggil |
742.01 Natalino Candy P Gae
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| Copyright |
Individu Penulis
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| Doi |