PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA PENCURIAN PRATIMA MENURUT HUKUM ADAT BALI

R.D, DESAK ALFA INTAN (2015) PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA PENCURIAN PRATIMA MENURUT HUKUM ADAT BALI. S1 thesis, UAJY.

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Abstract

Lately the theft of sacred objects (pratima) in Bali increasingly frequent. In indigenous Balinese such actions are classified as offenses against property. Property that is meant here is that tangible objects and given a specific meaning. Sacred objects is among other things used as a means or infrastructure sacred religious ceremonies and growth is normally recorded in holy places (temple), because the objects that are sanctified (pratima) is a tool in the implementation of religious ceremonies by Hindus believed have supernatural powers. Theft of sacred objects is a form of desecration of Hindu religion contained in awig awig it is detrimental to the people of Bali, especially the Hindu religion. While the process of finalizing its case only using only the Criminal Code and the lack of attention to local customary law as the best material consideration in making the decision when sentenced. The method used is a normative method supported empirical methods. Results of research on the theft of sacred objects (pratima) can be turned out in Bali court in imposing sanctions on the perpetrators of the crime of theft of sacred objects have not noticed aspects of customary law in Bali, it causes dissatisfaction Balinese against the decision of the District Court in Bali, because the decision has not accommodate customary law Bali given the local customary criminal law has a perspective that the purpose of the sanctions given to the perpetrators not only provide a deterrent effect, but also restore the cosmic balance in society.

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