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Bertih Pisang"in Riau Malay Tradition as an Alternative for Resolving Criminal acts

Fakultas hukum Universitas Riau


This research is focused on the model of the settlement of criminal acts according to the customary law of the Riau Malay Community which is known as the "Bertih Pisang". The purpose of this study is to contribute to law enforcement officers (police, prosecutors and judges) in resolving criminal acts that occur in the community, which cannot be resolved through formal justice other than that the results of this study are also expected to provide solutions so that law enforcement officers in making decisions does not only focus on the perpetrators of criminal acts but must also pay attention to the interests of the victim. This type of research is normative-empirical legal research. The results of this study conclude that, (1) Settlement of criminal acts through formal justice and using positive law has weaknesses because the orientation in punishment is more focused on the perpetrators so that the suffering or loss of victims is ignored. (2) the application of Malay customary law through " bertih Pisang" in resolving criminal acts always considers the interests of victims and the interests of the community, so that the sanctions imposed are not only useful for the perpetrators but also useful for the recovery of the suffering or loss of victims and the wider community.

Keywords: Crime; Customary law ; Malay

Topic: Criminal law


Conference: Riau Annual Meeting on Law and Social Sciences (RAMLAS 2019)

Plain Format | Corresponding Author (ferawati ferawati)

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