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ANALISIS PENYELESAIAN TINDAK PIDANA BERDASARKAN KEARIFAN LOKAL PASANG RI KAJANG DI TANAH TOA KAJANG BULUKUMBA SULAWESI SELATAN
Based on article 1 number 7 of Bulukumba Regency Regional Regulation Number 9 of 2015, it is the legal basis that Pasang ri kajang is a source of values that regulates the resolution of problems in Kajang Tanah Toa. In the process of resolving criminal acts based on the local wisdom of Pasang ri Kajang with a restorative justice approach based on restitution, it often causes legal injustice or in Dutch it is called (Pombe). However, the local community still chooses to resolve their criminal cases based on the local wisdom of Pasang ri Kajang because they consider it easier and faster than resolving criminal cases in formal courts. This study uses a type of field research with a descriptive analytical research nature. The approach in this study is an empirical juridical approach with data collection techniques in the form of interviews, observations and documentation carried out by sources from Tanah Toa, Kajang, Bulukumba, South Sulawesi. From the results of data collection, it is then processed and discussed with qualitative analysis. Furthermore, this study uses the theory of the legal system and the theory of restorative justice to be used as a knife in analyzing the problems in this study. The results of the study prove that in several criminal cases that occurred in Tanah Toa Kajang such as theft, defamation, logging, adultery, fraud, assault, and murder were resolved with restorative justice based on restitution called pasang ri kajang. The settlement mechanism is led by Ammatoa and the galla. Then it is carried out with 3 stages of settlement, namely the A'borong stage (deliberation), Attunu Panroli (proof), and Nipassala (decision). That the factors that influence the resolution of criminal acts in Tanah Toa Kajang are due to the imposition of restitution-based sanctions which are considered easier and faster.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ANALISIS PENYELESAIAN TINDAK PIDANA BERDASARKAN KEARIFAN LOKAL PASANG RI KAJANG DI TANAH TOA KAJANG BULUKUMBA SULAWESI SELATAN (Text)
ANALISIS PENYELESAIAN TINDAK PIDANA BERDASARKAN KEARIFAN LOKAL PASANG RI KAJANG DI TANAH TOA KAJANG BULUKUMBA SULAWESI SELATAN (Other)
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