The Urgency of Bajo Traditional Law as a Form of Law Enforcement Against the Performers of the Samenleven Delic

Abstract

Life in Indonesia does not recognize Samenleven's relationship because the rules of law and religion do not justify it, but there are still many things like that in Bajo Village. Bajo customary law includes the Bajo Customary Institution. In this institution, its existence helps the village government develop and regulate matters relating to local customs and solving problems regarding adultery, namely Samen Leven. This paper describes how customary law can be used as a law enforcement instrument to resolve the Samenleven offense. Semenleven is living together between a man and a woman without a legal marriage bond. This research uses the type of empirical normative research. The data types used are primary and secondary data sources using several approaches. The results show that the use of Bajo customary law, as a form of law enforcement against the perpetrators of the Samen Leven offense, will create a bargaining justice where customary law is used as the first route in resolving a conflict between victims, perpetrators, and the community. The consequence is that the perpetrator must admit that he has been guilty and is willing to take responsibility for his mistake following applicable customs. The Bajo Customary Council uses customary law as a reference to resolve any problems that occur in Bajo Village, Tilamuta District, namely customary law by deliberation/mediation.

Internalization in Islamic Law Progressive in Criminal Law Changes in Indonesia

“…Regarding the progressive internalization of Islamic law in Indonesia, it can also be done through customary law mechanisms, where customary law can create a bargaining justice where customary law is used as the first line in resolving conflicts between victims, perpetrators, and the community (Tijow, Hasibuan, and Hayat 2021). Where progressive law is a legal development thought initiated by Prof. Satjipto Rahardjo, is of the view that the law is made for humans, not humans for the law.…”

The Contribution of Custom Institutions in Implementing Custom Sanctions in Gorontalo

“…After several months, community and religious and traditional leaders deliberated on replacing Marjuang's position with his son Ismail Maturgas. Then in 1956, Ismail Marjib died and was replaced by Bando Cindra, based on deliberations by the Bajo community (Tijow et al, 2021). Bando Cindra led the indigenous people in Boalemo Regency, Gorontalo Province, until 1965.…”