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VOL. 10, ISSUE 6 (2024)
Implementation of customary penalty for repeat Offenders petty theft offence
Authors
Iqbal Maulana, Rizanizarli, Muhammad Insa Ansari
Abstract
Dynamics in dispute resolution through
customary processes also continue to occur, these dynamics are a challenge for
customary law so that its existence is maintained in the axis of community life
as an alternative dispute resolution. One of the problems faced by customary
law is the application of customary sanctions against people who repeat the
crime of petty theft. The results showed that if the positive law recognises a
time limit, namely within a period of 5 (five) years after he received and
served the first punishment either fully or partially, customary law does not
recognise the time limit for each - each perpetrator who repeats a criminal
act, whether the act is committed in a long-time interval or in a close time
interval. And the aggravation of punishment against recidivist offenders in the
Indonesian Criminal Code is given as much as 1/3 (one third) of the maximum
punishment imposed on him, customary law does not recognise the term heavy or
light additional punishment that will be given to repeat offenders of customary
criminal offences
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Pages:130-134
How to cite this article:
Iqbal Maulana, Rizanizarli, Muhammad Insa Ansari "Implementation of customary penalty for repeat Offenders petty theft offence". International Journal of Law, Vol 10, Issue 6, 2024, Pages 130-134
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