Incest in the Intersection Between Criminal Law and Bugis Custom

Abstract

This article will explain the case of incest, which is the most severe and despicable Malaweng Kedo (decency) offense of all customary offenses in Bugis Land. People can be sentenced to death by drowning in the sea (ri labu) or falling off a cliff for this act. While the articles imposed in the Criminal Code only refer to Article 294, Articles 8 through Article 48 of Law Number 23 of 2004 On the Elimination of Domestic Violence (PKDRT), and Articles 81 and 82 of Law Number 35 of 2014 On the Amendments to Law Number 23 of 2002 On the Child Protection. Then, under the provisions of Articles 490, 497, and 498 of the RKUHP, the incest offense is transformed into a new offense. This article employs qualitative research based on normative juridical methods to examine theoretical legal materials concerning the principles, conceptions, doctrines, and legal norms related to incest cases. The purpose of this research is to investigate and determine the intersection of criminal law and Bugis custom in the effectiveness of using the law to catch incest perpetrators. According to the findings of this study, several District Courts can hear and decide customary offenses whose jurisdiction is customary courts, and there is jurisprudence that recognizes the existence of customary offenses. This demonstrates that Bugis Criminal and Customary Law can complement each other, as evidenced by the recognition of customary community settlement practices through court decisions, the formation of positive law referring to "living law" in society, and the discovery of judge law based on legal values ​​that exist in society.