Abstract
At present in Indonesia, the existence of customary court in society is still recognized as a mechanism that is applied in solving the problems of customary or criminal violations, which are carried out without involving the law enforcement officers. This study aims to answer two problems. The first is how the customary court in the Dayak Kanayatn tribe and the second is how revitalization customary court in the juvenile justice system in Indonesia. The research will be conducted in Pontianak, West Kalimantan. The method used is a socio-legal research, which analyzes the legal implementation based on legal and society. The results showed that Dayak Kanayatn indigenous peoples have customary court mechanisms capable of solving community problems based on collective agreements and various existing sanctions show that customary court in the community is able to provide a sense of justice in handling cases that occur in the community and the revitalization of customary court in the juvenile criminal justice system in Indonesia needs to be done through a mechanism of participation of traditional people as an alternative in solving problems with customary law characteristics, cultural pluralism, moral values, and religion that bring the best interest for children.
Highlights
Introduction and literature reviewThe function of the law is as a means of community renewal and community protection, it is necessary to organize a comprehensive and integrated legal system by recognizing and respecting the religious and customary law and renewing the law in accordance with the demands of reform through legislation program
It is regulated in Article 103 letter a of Act No 6 of 2014 on Villages, that the regulation and implementation of governance by traditional villages are based on the original arrangement
In the formulation of Article 103 letter a, associated with Article 103 letter d and e of the Village Act, the traditional village court institution is the customary court which is known by the community of customary law, both those which have the function to decide, and those that function is to reconcile customary disputes based on customary law
Summary
The function of the law is as a means of community renewal and community protection, it is necessary to organize a comprehensive and integrated legal system by recognizing and respecting the religious and customary law and renewing the law in accordance with the demands of reform through legislation program. (2) The State recognizes and respects units of the community of customary law community and their traditional rights as long as they are alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated by the law. It is regulated in Article 103 letter a of Act No 6 of 2014 on Villages, that the regulation and implementation of governance by traditional villages are based on the original arrangement. In The Act No 35 of 2014, the amendment of The Act No. of 2002 on Children Protection, it explains how a child has the right to protection and "special" treatment if the child is in an emergency situation such as being a suspect in a crime, violence, exploitation, and others
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