Legal Reconstruction of Criminal Sanctions for Criminal Acts of Sexual Violence Based on Nias Custom Value of Justice

Abstract

This research is motivated by the regulation of criminal sanctions against criminal acts of sexual violence based on the value of sexual justice based on the value of customary justice in Nias. Indonesia based on Article 18B of the Constitution of the Unitary State of the Republic of Indonesia recognizes and respects customary law units along with their traditional rights as long as they are still alive and by the development of society and the principles of the unitary state of the Republic. Indonesia, for this reason, in cases of criminal acts of sexual violence that occurred in Nias, justice must also be paid attention to, which originates from Nias customary law. This study aims to analyze and find the main points of regulation of criminal sanctions against crimes of sexual violence, which originate from the value of sexual justice on Nias customary justice values. This research is normative juridical research with statutory and conceptual approaches. The results of this study indicate the current weaknesses in the regulation of criminal acts of sexual violence, so it is necessary to update them. In addition, it cannot also let go of the role of society and culture in this matter. These two things play a role in shaping the public's view of cases of sexual violence. Reconstruction of regulations on sanctions for crimes of sexual violence stems from the justice values of Pancasila concerning customary law in Nias.