EKSISTENSI HUKUM PIDANA ADAT DAYAK KALIMANTAN TENGAH DALAM PENYELESAIAN KASUS HAMIL PRANIKAH DI KABUPATEN KOTAWARINGIN TIMUR

Abstract

The purpose of this study is to determine the existence of customary criminal law in resolving cases of premarital pregnancy in Kotawaringin Timur Regency, as well as to find out the constraints faced by customary institutions in resolving cases of premarital pregnancy in East Kotawaringin district?
The flow of globalization that is currently sweeping all corners of the world, especially Indonesia, has made many changes to people's lives. The moral crisis of teenagers is very concerning, which has resulted in cases such as free sex, premarital pregnancy, abortion and contracting venereal diseases. Customary law has been maintained to this day by indigenous peoples because they believe that decisions issued through customary courts against a case that is tried through them can provide satisfaction with a sense of justice, as well as a return to balance in the lives of indigenous peoples over the spiritual shock that occurs due to the implementation of customary cases. , especially the case of premarital pregnancy.
This study uses a type of empirical normative legal research. Empirical juridical research, which is meant in other words, is a type of sociological research and can be referred to as field research, which examines the legal provisions that apply and what has happened in people's lives. The research specifications in this thesis include analytical descriptive which provides an overview or description of a situation as clear as possible for the object under study. Researchers apply qualitative data analysis methods.
The results of the study are that the application of customary criminal law in resolving cases of premarital pregnancy in Kotawaringin Timur Regency is running effectively, it's just that the obstacles in resolving premarital pregnancy cases according to Dayak customary law are the commitment of the parties in fulfilling the customary sanctions given.
Keywords: Customary Law, Premarital Pregnancy, Dayak Kotawaringin Timur Regency