Legal Opinion – Mengurai Benang Kusut Hukum yang Hidup di Masyarakat dalam KUHP

This publication is published by LBH Masyarakat at: https://lbhmasyarakat.org/legal-opinion-mengurai-benang-kusut-hukum-yang-hidup-di-masyarakat-dalam-kuhp/

One of the amendments to the Criminal Code 2023 that will be the focus of attention in this paper is the issue of criminal offenses that live in the community or hereinafter in this paper referred to as customary criminal offenses. According to Dominikus Rato, customary law is the law that lives and develops in the customary law community.2 Customary law is unwritten law and is not formed by the state, so when it is formed by the state, it is no longer a characteristic of customary law. With the new provisions in the Criminal Code 2023 which stipulate that customary criminal offenses must be regulated in writing in regional regulations, this change makes customary law in Indonesia undergo reform or a change of face because customary law is limited to written law.