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Pelaksanaan undang-undang jenayah dalam kes-kes pembunuhan kerana siri' di Sulawesi Selatan

Mappaselleng, Nur Fadhilah (2016) Pelaksanaan undang-undang jenayah dalam kes-kes pembunuhan kerana siri' di Sulawesi Selatan. PhD. thesis, Universiti Utara Malaysia.

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Abstract

'Siri', a concept which means self-esteem, dignity, and a deep shame attributes to homicide cases that occur frequently in South Sulawesi. Besides being an element of the local culture. it is also part of the customary law, which can be used as an excuse for killing a person when 'siri' is violated. In general, murder cases involving 'siri' are connected with women's dignity and honor. Indonesia adopts legislative consolidation of national criminal code known as the National Penal Code, therefore customary law is not recognized in the local criminal justice system. However, the Judicial Authority Law No. 48 of 2009 states that judges are required to understand the living law that exists in the community when enforcing law. Consequently, the purpose of this research is to describe murder cases . involving Siri', examine the understanding of community leaders and judges about 'siri' and analyze the results of the indictment and judges' discretion in imposing decisions against the accused. This study adopted a qualitative approach to analyze the information in connection with answers to the questions concerned. In addition, the study also employed several other data collection methods such as documentation. interviews, and focus group discussions. Data in this study were analyzed using descriptive analysis of qualitative and qualitative analysis verification. The investigation led to the discovery of four murder cases related to 'siri' from seven areas of study. All the four murder cases were connected with women's dignity. The judges, in general, understand the meaning of 'siri' as feelings of shame, self-esteem and dignity. However, most external judges are less familiar with the true meaning of the concept. Other findings indicate that the judges acknowledged that they have to take into account the concept of 'siri' as a motive in mitigation, and in reality, the sentence imposed on the accused is slightly lighter than a non-siri' murder.

Item Type: Thesis (PhD.)
Uncontrolled Keywords: Criminal Law, Customary Law, Murder, 'Siri', South Sulawesi
Subjects: K Law > K Law (General)
Divisions: Ghazali Shafie Graduate School of Government
Depositing User: Mr. Badrulsaman Hamid
Date Deposited: 15 May 2017 12:07
Last Modified: 23 Apr 2018 07:14
URI: http://etd.uum.edu.my/id/eprint/6241

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