RELEVANSI PELAKSANAAN HUKUM PIDANA ADAT DAYAK DI KALIMANTAN BARAT DENGAN HUKUM PIDANA NASIONAL

Abstract

Indonesia has various ethnics, races, religions, and customs and traditions spreading in the regions. Many ethnics in Indonesia have customary laws and enforce them towards the people committing criminals and the customary laws. As the criminal law code (KUHP) practicing the legality doctrine, which says that no action is punishable unless the existing criminal act is underway. Thus, in practice the written criminal act is applied instead of the customary law. However,in 2007 the bill of the Criminal Law Code adopted the contrary so that it triggered the debates. This research studies the relevance the Dayak customary criminal law in West Kalimantan to the national criminal law. The qualitative method used is based on documentationand field study through lnterviews with the concerned public officials and prominent figures of the Dayak society as a means of the data collection. This research found that there has been both written and unwritten customary criminal law. So has the Dayak customary criminal law in West Kalimantan. Some ethnics practice unwritten customary criminal law and some other can codify their customary law as we can see at the Kayaan Medalaam. The customary law is practiced by a customary institution while the unwritten one is by its society based on consensus and handed down hereditarily.