ANALISIS PENYELESAIAN TINDAK PIDANA PENCURIAN MENURUT AWIK-AWIK (STUDI DI DUSUN GILI TRAWANGAN)

The crime of theft has been regulated in Article 362 of Law Number 1 of 1946 concerning criminal law regulations in conjunction with Law No. 73 of 1958 concerning the enactment of Law Number 1 of 1946 concerning criminal law regulations for the entire territory of the Republic of Indonesia and amending the Book of Law Criminal Law. In the article, it is regulated regarding criminal sanctions against perpetrators of theft and regarding procedures for imposing sanctions and the settlement process has been regulated in Law Number 8 of 1981 concerning the Criminal Procedure Code, but the Gili Trawangan community prioritizes imposing customary sanctions and resolving them according to custom. This paper aims to identify and analyze customary sanctions against perpetrators of theft, the settlement process and the factors that make people prioritize traditional settlements. The method used in this research is sociological juridical with interview data collection techniques, documentation and document studies. The results of the research are, if there is a criminal act of theft in Gili Trawangan, the perpetrator is given customary sanctions and resolved by custom because it is influenced by several factors. The conclusions and suggestions in this paper are, if there is a theft in Gili Trawangan Hamlet, the perpetrator will be given customary sanctions and resolved by custom, due to several factors. The author suggests that the people of Gili Trawangan maintain customary law or awik-awik in resolving the crime of theft