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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-4 | Issue-02 | 54-60
Original Research Article
Construction of Village Judicial Institutions as an Alternative for Settlement of Minor Crime Based on Justice Value
Supena Diansyah, I Gusti Ayu Ketut Rachmi Handayani, Anis Mashdurohatun
Published : Feb. 11, 2021
DOI : 10.36348/sijlcj.2021.v04i02.005
Abstract
The village judiciary institution is one of the means of solving cases outside the court. Article 95 of The Village Law where the community can form a village customary institutions which are contrary to Law No. 8 of 1982 concerning Law Enforcement of Minor Crime Cases especially article 204, 205, 206 of the Criminal Procedure Code that is associated with PERMA No. 2 of 2012 concerning the Relief of Minor Crimes where it can be resolved alternatively against articles 362 and 352 of the Criminal Code and to crimes that do not have a broad impact or its damage do not exceed IDR 2,500,000 (two million five hundred thousand rupiahs). This research method is juridical empirical with a case approach and community culture with the aim of reconstructing Law Number 6 of 2014 concerning Villages. The problems in this research include the inadequate resolution of minor criminal cases based on justice value, the weaknesses that arise in the settlement of minor criminal cases as an alternative to village justice institutions, and how to construct village justice institutions as an alternative to minor crime case resolution based on justice value. The results of this study indicate that the settlement of minor criminal cases through village court institutions as an alternative dispute resolution has not been carried out optimally. The main problem that prevents the adat village court from becoming an alternative dispute resolution system is its unclear position in the national justice system. In many areas, communities are reluctant to settle disputes in adat courts. in order to solve this, construction of the settlement of minor criminal cases through the village court institution is needed, namely the use of Article 95 of Law no. 6 of 2014 concerning Villages can be used as a legal basis in establishing Village customary institutions as an alternative to resolving minor crimes.
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