Harmonizing Adat Obligations and State Law: A Case Study of Murder and Rape Cases in Baduy’s Indonesia

Abstract

The aim of this study is to investigate the implementation of adat obligation fulfilment in Baduy’s adat society in cases of murder and rape of Baduy girls that occurred in 2019. The main problem studied is related to how the fulfilment of adat obligations in these cases has been carried out by the Baduy’s adat institution and its relevance to the regulations in the New Criminal Code. The research method used is normative-sociological, using both secondary data and primary data. Literature review and field studies were conducted by interviewing traditional leaders in Baduy. The urgency of this research lies in examining the applicability of positive law in the Baduy adat area, along with the implementation of adat obligations and the restoration of the cosmic balance of Baduy’s society as a result of the effects of crimes that occurred in the Baduy’s adat jurisdiction. The novelty of this research lies in the study of the fulfillment of adat obligations applicable in Baduy in cases of murder and rape of Baduy girls and its relevance to the regulations of the New Criminal Code. The research findings indicate that the perpetrators of murder and rape of Baduy’s girls have been subjected to both positive criminal law (imprisonment) and Baduy’s adat law in the form of a adat obligation sanction that required them to married the victim. The implementation of sanctions from both the state and adat law implemented in parallel, despite coming from two different institutions. In conclusion, the fulfilment of adat obligations, as implemented by Baduy’s adat law, is relevant to the regulations in the New Criminal Code. However, the implementation of the fulfillment of adat obligations in the New Criminal Code must go through by a court decision. Therefore, the adat institution becomes a crucial aspect that should be considered in relation to the existence and authority of sanctioning in the implementation of adat obligations.