SETTLEMENT OF TRADITIONAL DELICES AND TRADITIONAL FINE BY THE DAYAK KALIMANTAN INDONESIA TRADITIONAL JUSTICE INSTITUTION

The development of the National Legal System is always carried out as an effort to strengthen the legal system in Indonesia as an implementation of the amendments to the 1945 Constitution Article 1 paragraph 1 that Indonesia is a constitutional state or rechstaat. The efforts taken are (Majelis Permusyawaratan Rakyat & Jenderal, 2012): First, the development of legal substance, both written law, and unwritten law has a mechanism to form a national law that is better suited to the development needs and aspirations of the community. Second, the improvement of the legal structure to be more effective is continued; Third, the involvement of all components of society who have high legal awareness to support the formation of the aspired national legal system. Recognition and respect for customary law by the state is reflected in Article 18 B paragraph (2) and Article 28 I paragraph (3) of the 1945 Constitution of the Republic of Indonesia. This means that customary law is recognized for its existence as long as the customary law is still alive. and by the development of society and the principles of the Unitary State of the Republic of Indonesia. In the field of the criminal justice system, recognition of the existence of customary law is stated in Article 5 paragraph (1) of Law Number 48 of 2009 concerning Judicial Power, namely: "Judges and Constitutional Justices are obliged to explore, follow, and understand legal values and feelings. justice that lives in society " (Rakyat & Jenderal, 2012) . This becomes an entry point for a judge to explore, follow, and understand customary law (laws that live in society) and make it a basis for consideration in examining and deciding cases handled. Therefore, positive law that is good and has high enforceability must comply with the living law. Article 2 paragraph (3) and Article 58 of Law Number 48 of 2009 concerning Judicial Power, mean that the only recognized judiciary is the state court, and no other court is recognized in the national justice system. However, since the enactment of Emergency Law Number 1 the Year 1951 concerning Temporary Measures to Organize Unified Power Structure and Procedures of Civil Courts (Number 9), gradually LN.1951Inheemsche Rechtspraak (Indigenous court / Adat Court) and The Zelfbestuur Rechtspraak (Swapraja Court) was removed, except for the village court (dorpsjustitie)CHAPTER BOOK TURNITI