INTERNALIZATION OF CUSTOM LAW IN CRIMINAL LAW FOR THE SAKE OF CREATING CERTAINTY LIVING LAW

Customary law is a form of living law that contains cultural values inherited from regional ancestors in Indonesia. Indigenous peoples are like flesh on the body in Indonesian society and their existence must be respected, and the internalization of customary law into criminal law is a form of respect for indigenous peoples. However, the fact is that several parts of the implementation of customary law in Indonesia still generate a lot of polemics because they conflict with Indonesian national law. What's more, customary law is unwritten law and it is very difficult to provide legal certainty to the community and it is necessary to apply the principle of legality to provide this certainty. The application of the principle of legality is a powerful way to avoid arbitrary or deviant actions that occur from actions based on customary law. In addition to applying the legality principle, a harmonization process is also needed to sort out which implementation of customary law conflicts with national law. After the application of the legality principle and the harmonization process, there is a need for a new implementation in the form of regulatory measures in balancing customary values and national legal values in creating justice