RECONSTRUCTION OF MARIND’S INDIGENOUS CRIMINAL LAW IN UPDATING THE BOOK OF CRIMINAL LAW

Indonesia is the Pancasila Law State in its legal formation must come from Pancasila as a source of all legal sources. The purpose of this study is to construct the Marind Customary Penal Code in the Renewal of the Criminal Code. The method used in this legal research is socio-legal research. Sociolegal research is also known as nondoctrinal research. Nondoctrinal research places the results of observations on social realities not to be placed as a general proposition. Nondoctrinal research seeks scholarly patterns or patterns of relationships between various symptoms that manifest the presence of law in the realm of reality. The results showed that Marind Customary Law as one of the original laws of the Indonesian nation can be used as one of the ingredients in the Criminal Code Renewal, Reconstruction of traditional criminal law marind in the renewal of the Criminal Code based on a view of life originating in Pancasila and the 1945 Constitution of Indonesia, with reference on empirical facts about criminal law, and pay attention to existing rules so that it will have an impact on the formation of substations or material to be regulated so that they are in accordance with the sense of justice in society.