Mitigating the Financial Burden of the State to Maintain Convicts in Prison Based on Local Wisdom
I Ketut Widia
Magister of Law, Postgraduate Program, Universitas Warmadewa
Abstract
In Indonesia, every year always build a prison with very expensive costs. Legally and economically, this is desperate, because it is indicative of the failure of legal work in the community and the cost incurred by the state every day reaches three billion rupiahs to guarantee the life of prisoners in prison. A fantastic amount because it is used to look after criminals. Empirical data shows, many criminals will be worse after have ever been in prison. For this reason, there is a big idea to resolve legal issues in the community, is through customary law, because historically the traditional solution is the personality of the nation and more guarantees a sense of justice, aside to meet the principles of litigation fast, cheap, and transparent. This study intends to identify the types of cases that can be resolved by custom in the community? and to discover the best way to implement the procedural law of customary justice in order that a sense of justice for the community is realized? Empirical legal research is the type of research that will be used. Theories used to analyze the issues are social engineering theory and legal system theory. The results of the study indicate that mediation is very deserved to done through custom law to resolve the problem in community. Regarding the procedural law of customary justice, all kinds of problems are resolved by deliberation to reach consensus through mediation guided by the chief of the tribal council.
Keywords: prisoners, mediation, customary criminal law, customary law
Topic: Law in tourism