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

'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 'sir...

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Main Author: Mappaselleng, Nur Fadhilah
Format: Thesis
Language:English
English
Published: 2016
Subjects:
K Law (General)
Online Access:http://etd.uum.edu.my/6241/
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spelling my.uum.etd.62412021-04-06T06:20:38Z http://etd.uum.edu.my/6241/ Pelaksanaan undang-undang jenayah dalam kes-kes pembunuhan kerana siri' di Sulawesi Selatan Mappaselleng, Nur Fadhilah K Law (General) '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. 2016 Thesis NonPeerReviewed text en /6241/1/s93004_01.pdf text en /6241/2/s93004_02.pdf Mappaselleng, Nur Fadhilah (2016) Pelaksanaan undang-undang jenayah dalam kes-kes pembunuhan kerana siri' di Sulawesi Selatan. PhD. thesis, Universiti Utara Malaysia.
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Electronic Theses
url_provider http://etd.uum.edu.my/
language English
English
topic K Law (General)
spellingShingle K Law (General)
Mappaselleng, Nur Fadhilah
Pelaksanaan undang-undang jenayah dalam kes-kes pembunuhan kerana siri' di Sulawesi Selatan
description '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.
format Thesis
author Mappaselleng, Nur Fadhilah
author_facet Mappaselleng, Nur Fadhilah
author_sort Mappaselleng, Nur Fadhilah
title Pelaksanaan undang-undang jenayah dalam kes-kes pembunuhan kerana siri' di Sulawesi Selatan
title_short Pelaksanaan undang-undang jenayah dalam kes-kes pembunuhan kerana siri' di Sulawesi Selatan
title_full Pelaksanaan undang-undang jenayah dalam kes-kes pembunuhan kerana siri' di Sulawesi Selatan
title_fullStr Pelaksanaan undang-undang jenayah dalam kes-kes pembunuhan kerana siri' di Sulawesi Selatan
title_full_unstemmed Pelaksanaan undang-undang jenayah dalam kes-kes pembunuhan kerana siri' di Sulawesi Selatan
title_sort pelaksanaan undang-undang jenayah dalam kes-kes pembunuhan kerana siri' di sulawesi selatan
publishDate 2016
url http://etd.uum.edu.my/6241/
_version_ 1696978314114105344
score 13.211869

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