A PERSON WHO VIOLATES CUSTOMARY LAW AND HAS BEEN SENTENCED TO CUSTOMARY SANCTIONS THEN THAT PERSON CANNOT BE PROPOSED AGAIN AS A DEFENDANT IN COURT WITH THE SAME CHARGES

In the Supreme Court jurisprudence, it is found how the Supreme Court resolves cases involving the offense of adultery using a customary law approach. One of them is reflected in the Supreme Court Decision Number 1644 K/Pid/1988 dated 15 May 1991 which states that defendants who have committed sexual relations outside of marriage are subject to customary sanctions (customary reactions) by the traditional head, and cannot be brought again (for a second time). times) to the state judicial body (district court) on the same charge of violating customary law and being sentenced to prison according to the provisions of the criminal law.

Source:

Article entitled: “MA Jurisprudence Overcomes the Limitations of Overspelling Offenses with Customary Law,” by: Moch. Dani Pratama Huzaini, Hukumonline, 1 July 2021.

Regards,

Fredrik J. Pinakunary