Ratio Legis of Settlement of Criminal Acts by Customary Institutions of the States in Ambon City

Abstract

The existence of indigenous communities in Indonesia is regulated in Article 18B Paragraph (2) of the 1945 Constitution, which states: The State recognizes and respects customary law communities and their traditional rights as long as they remain alive and in accordance with societal developments and the principles of the Unitary State of the Republic of Indonesia, as regulated by law. This research uses the normative legal research type. The decisions of customary institutions are legitimate because they are supported by constitutional recognition (Article 18B paragraph (2) of the 1945 Constitution) and various regional regulations that govern the role of customary law communities. However, their nature is limited to cases that fall under customary authority (customary crimes or minor violations) and are not binding outside the customary community, unless formally recognized by state law. Decisions of customary institutions are socially and morally binding. Customary sanctions (fines, sasi, community service, apologies) are implemented based on cultural agreements and compliance. The legal certainty of customary decisions is strong within the customary community, because the norms and procedures are clear to members of the customary community.