REDUCING STATE LOADS TO MAINTAIN NARAPIDANA IN PRISONERS BASED ON LOCAL ACCOUNT I Ketut Widia
Magister of Law, Universitas Warmadewa
Abstract
The phenomenon of the large number of prisons in Indonesia filled with prisoners often causes various types of problems, including, the distribution of drugs in prison, the escape of prisoners from prison, riots that cause lives and property in vain in very large amounts. In Indonesia, every year always build a prison with very expensive costs. Legally and economically, this is very worrying, 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 rupiah to guarantee the life of convicts in prison. A fantastic amount because it is used to look after criminals. Empty data shows, many criminals will be more evil after ever going to prison. For this reason, there is a big idea to resolve legal issues in the community as a custom, because historically the traditional solution is the personality of the nation and more guarantees a sense of justice, in addition to meeting the principles of litigation fast, cheap, and transparent. This study intends to answer the problem, namely: (1). What types of cases can be resolved by custom in the community? (2). How is the law on adat court procedures carried out in order to fulfill the communitys sense of justice? This type of research that will be used in this study is the type of legal legal research. Theories used to analyze problems are social engineering theory, and legal system theory. The conclusion of the research is that it is indeed very feasible to carry out mediation by customary law in order to solve legal problems that occur in the community. Regarding customary procedural law, all kinds of problems are resolved by deliberation to reach consensus through mediation guided by the customary head.
Keywords: criminal convicts, mediation, customary law, customary law
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