Urgensi Penyelesaian Kasus Pidana dengan Hukum Adat

Abstrak

Among the major changes in the orientationof the criminal law is a shift in the concept of fairness of justice on the basis of retaliation towards justice that isrestorative justice. Protection and restoration of the rights of victims and the wider community is seen as importantas punishment and or rehabilitation of offenders. The process of settlement is not intended solely to punish orembarrass someone, but rather an attempt to obtain a useful truth to help restore a harmonious relationshipbetween the offender, victim, and the community. This is actually not new in the Indonesian archipelago because itfamiliar in their customary laws and recent legislation passed in the authority. This article explores how theexistence of a criminal case settlement with the customary law in terms of sociological, philosophical, and juridical