Abstract

The application of restorative justice in the customary criminal justice system that emphasizes restoration to its original state and a balance of protection and interests of victims and perpetrators of crimes that are not only oriented towards punishment is a legal requirement of the community to improve the existing criminal justice system. Also, in harmony with the values of Pancasila, specifically the 4th Precept with the principle of deliberation to reach consensus which is filled with a spirit of kinship. The purpose of this study is to analyze the customary criminal justice system in Indonesia that has not regulated restorative justice regulations that are based on Pancasila and the mechanism for settling cases based on adat in Indonesia. The research method is descriptive analytical, this type of research is normative juridical research using primary data and secondary data. Secondary data includes primary legal materials, secondary legal materials, and tertiary legal materials. Settlement of criminal cases through restorative justice in indigenous and tribal peoples in Indonesia is based on local traditions and wisdom that still exist and apply in society, aiming to encourage the desire to live in harmony and peace. There is a tendency to resolve it amicably, resolving problem or conflict meaning that it does not need to be resolved to the courtroom. This stormy custom is recognized as quite effective and plays a role in creating security and peace.

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