RELEVANCE OF CUSTOMARY CRIMINAL LAW AND PSYCHOLOGY IN RESOLVING INHERITED LAND CONFLICTS

Abstract

Inherited land conflicts are a form of social conflict that often occurs in Indonesian society and often leads to criminal acts. The root of the problem of this conflict is not only juridical, but also influenced by psychological factors in family relationships, such as jealousy, a sense of injustice, and emotional conflicts between heirs. On the other hand, Indonesia has a wealth of customary criminal law that has historically functioned as a conflict control mechanism based on local and familial values. The presence of the National Criminal Code (New Criminal Code) which recognizes the existence of living law in society (living law) opens up space for integration between customary criminal law and family psychology approaches in resolving inherited land conflicts. This article aims to analyze the relevance of customary criminal law and family psychology in resolving inherited land conflicts in the era of the enactment of the New Criminal Code. The research method used is a normative legal research method with a legislative, conceptual, and sociological approach to law. The results of the study show that customary criminal law that is oriented towards restoring social harmony and restorative justice has strong relevance when combined with an understanding of family psychology, so that it can be an alternative to resolving inherited land conflicts that are more humane and just.