Formulation of Customary Criminal Law from the Perspective of Judges in Legal Findings

Abstract

Objective: This study aims to identify and analyze how customary judges' application of criminal sanctions results from disclosing the law through decisions on customary criminal cases.   Method: This study employs empirical legal research methods by analyzing criminal cases and utilizing both primary and secondary data to produce qualitative descriptive data.   Result: The customary criminal sanctions applied due to the analysis of legal findings by the judge's decision are considered quite effective and capable of being directed forward because customary criminal sanctions provide a deterrent effect consisting of social and criminal sanctions as sanctions for customary crimes.   Conclusion: The regulation of customary criminal law still needs updating and legal discovery because there are still no statutory rules that concretely regulate customary criminal law. In addition, the formation of rules or legal discoveries through decisions as mentioned above needs to be adapted to developments in national criminal law.