Relevansi Hukum Adat Kei Larvul Ngabal Dalam Pembaharuan Hukum Pidana Nasional

Abstract

This research focuses on exploring and elevating the values of Kei Larvul Ngabal indigenous law in criminal law reform, by proposing 2 (two) problem formulations. First, how is the existence of Larvul Ngabal indigenous law in the Kei community? Second, how is the relevance of the Kei indigenous criminal law in the reform of the national criminal law? The research method used is normative juridical by reviewing written and unwritten criminal laws and regulations. While the data analysis is inductive and qualitative. It is concluded that the indigenous law of Larvul Ngabal and Sasa Sor Fit is an indigenous criminal law that is agreed upon and is binding on the community, hence if it is violated, it is subject to indigenous sanctions in the form of fines, dada, and gong. Included in the drafting of the Criminal Code without reducing the nature of the material legality principle, if there are several customary laws of Larvul Ngabal including maryain vo ivun (sexual intercourse outside of marriage resulting in pregnancy) it can be reconsidered to contribute to the ius constituendum of future criminal law.