THE REVITALIZATION OF AWIG-AWIG OF THE NORTH LOMBOK ADAT LAW PEOPLE TO REALIZE A JUSTICE AND A LEGAL CERTAINTY

Abstract

The adat criminal law is considered one of the sources of law in the Indonesian criminal law system. Its applicability is based on the provisions of Energy Law No. 1 of 1951, Article 5 paragraph (3) sub b. Such provision determines the applicability criteria of the adat criminal law, which has a limited nature, by observing the description of criminal acts in the Criminal Code. One of the adat people who still implement the adat criminal law is the one who resides in North Lombok; they use awig-awig as the primary institution to manage the relationship in society, the relationship between humans and the universe and the relationship between human and their creator. This study uses normative legal research with normative and sociological juridical approaches. The normative legal research used is abstract legal research, legal principles research, concrete legal research, and systematic legal research. Sociological juridical research is conducted towards the permitted values and principles and the applicability of the criminal adat law among the adat people in North Lombok. In conclusion, this study shows that the revitalization of awig-awig among the adat people in North Lombok is conducted because its implementation is seen and felt as more fulfilling for the adat people to achieve the sense of justice and legal certainty in reaction to the occurring people’s development, on that sense, the people’s development may effectively apply the awig-awig. The implementation of adat sanctions is deemed and perceived to restore cosmic balance, remove dirty deeds or clean up the disturbance to the environment of adat peoples due to the adat violation. Meanwhile, other types of criminal sanctions are considered to have no magical religious value.