The existence of Awig - Awig Bali Traditional Village regarding legality principles in National Criminal Law

Desak Made Rai Ningsih (), Made Warka (), Slamet Suhartono () and Otto Yudianto ()
Additional contact information
Desak Made Rai Ningsih: Faculty Of Law, Universitas 17 Agustus 1945 Surabaya
Made Warka: Faculty Of Law, Universitas 17 Agustus 1945 Surabaya
Slamet Suhartono: Faculty Of Law, Universitas 17 Agustus 1945 Surabaya
Otto Yudianto: Faculty Of Law, Universitas 17 Agustus 1945 Surabaya

Technium Social Sciences Journal, 2021, vol. 21, issue 1, 520-526

Abstract: The type of research used in this research is normative legal research, also commonly called doctrinal legal research or library research, so the approaches used are the statutory approach, conceptual approach, philosophical approach, and case approach. The existence of awig-awig isn't only determined by the existence of a sense of belonging and recognition from the soul of the community (Volkgeist), but must also comply with the laws and regulations, basic principles of human rights, and applicable state law. Indonesia is a state of law (rechtstaat) by prioritizing legal certainty, so that an independent legal symbol is under the authority of one door, namely the national court. The existence of awig-awig as a symbol of recognition of the existence of customary law community units has been constitutionally recognized as regulated in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia and even in Law No. 48-2009, judges are obliged to explore, follow and understand the values of customary law, especially awig-awig in Traditional Villages in Bali.

Keywords: awig-awig; criminal law (search for similar items in EconPapers)
Date: 2021
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
https://techniumscience.com/index.php/socialsciences/article/view/3932/1456 (application/pdf)
https://techniumscience.com/index.php/socialsciences/article/view/3932 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:tec:journl:v:21:y:2021:i:1:p:520-526

Access Statistics for this article

Technium Social Sciences Journal is currently edited by Tasente Tanase

More articles in Technium Social Sciences Journal from Technium Science
Bibliographic data for series maintained by Tasente Tanase ( this e-mail address is bad, please contact ).