Sistem Hukum Pidana Adat Baduy

Abstract

The Baduy tribe is located in Kanekes Village, Leuwidamar District, Lebak Regency, Banten Province. This is specifically to illustrate, how the Baduy maintain their customs and customary law amidst the influence of technological advances and the development of positive Indonesian law, especially due to its geographical location which is not far from the surrounding metropolitan cities. . Then the purpose of this study is also to reveal how Baduy customary law rules according to applicable law. Baduy are indigenous people who still live in Indonesia. the arrangement of laws and regulations in Indonesia refers to the recognition and respect given by the state. This research will discuss how the legal system of the Baduy Tribe is. This research uses normative legal research with a statutory law approach and is also processed using a qualitative type of approach. The research concludes that the legal system in the Baduy Tribe which has been given recognition and respect given by the state in article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, is not sufficient to protect the rights of the Baduy customary law community plus Regional Regulation No. 32 of 2001 which discusses rights ulayat of the Baduy customary law community.