Legal Certainty in the Integration of the New Criminal Code and Customary Criminal Law

Abstract

This research is motivated by Article 2 paragraph (1) of the new Criminal Code which explains that the law that develops in society is an additional provision after the Criminal Code. This has caused a lot of debate and controversy because the new Criminal Code and customary criminal law have different characteristics. The formulation of the problem in this study is the relevance of values between the new Criminal Code and customary criminal law and how legal certainty is in the effort to integrate the two laws. This research uses normative juridical and legal approaches. The research was carried out by studying the literature on laws and regulations as primary legal materials equipped with journals and books as secondary legal materials. This study produces a concrete comparison between the values contained in the new Criminal Code and the values in customary criminal law which are contradictory. Another result of this study is the explanation of legal certainty in the integration of the new Criminal Code and customary criminal law where legal certainty is not found in the unification effort. With these problems, mediation between the community and law enforcement has emerged tocreate national unity and form rules based on the culture of the Indonesian people.