TINJAUAN PEMIDANAAN TERHADAP PELAKU PENCURIAN BENDA SAKRAL TERKAIT DENGAN HUKUM ADAT DI MELAYA, KABUPATEN JEMBRANA - BALI

DHYASTARI, NI NYOMAN ASTU (2015) TINJAUAN PEMIDANAAN TERHADAP PELAKU PENCURIAN BENDA SAKRAL TERKAIT DENGAN HUKUM ADAT DI MELAYA, KABUPATEN JEMBRANA - BALI. JURNAL HUKUM.

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Abstract

This research entitled reviews of punishment against the perpetrators of theft of sacred objects related to customary law in Melaya, Jembrana-Bali. The purpose of this study was to determine and obtain data on whether or not (1) the customary sanctions imposed in conjunction with the criminal sanctions against the theft of sacred objects in Bali; (2) barriers in imposing criminal sanctions without stating customary in the theft of sacred objects. This writing method with the normative legal research analyzed qualitatively through literature study and interview sources and conclusions drawn by the deductive method. The research found that (1) customary sanctions and criminal sanctions against the theft of sacred objects in Bali can not be done simultaneously. (2) Constraints faced by judges in imposing criminal sanctions without regard to customs in the theft of sacred objects, is: the application of customary sanctions in court through a verdict of punishment can not be done, and the public is not satisfied only if the perpetrator of criminal sanctions.

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