Judges' Reasoning in Applying the Customary Offense of Lokika Sanggraha: Case Study of Decision No. 997/Pid.Sus/2019/PN Dps

Abstract

This study examines the application of Balinese customary law, specifically the criminal offense of Lokika Sanggraha, in filling legal gaps in Indonesia's national criminal law system, with a case study of Decision No. 997/Pid.Sus/2019/PN Dps. The defendant, I Dewa Gede Ardana, was charged under Balinese customary law for violating a promise to marry after engaging in sexual relations. This study focuses on the legal reasoning applied by the judge in interpreting Article 359 of the Adhigama Code, which regulates adultery outside marriage, which is not specifically regulated in the Criminal Code (KUHP). The research method used is normative legal research by analyzing court decisions, legal doctrines, and related regulations. The findings reveal that judges utilize customary law to address situations not covered by national law, thereby ensuring justice while respecting local moral and social values. This study highlights the role of legal discovery in bridging legal gaps and demonstrates the Indonesian legal system's ability to integrate customary law. The study concludes that the application of Balinese customary law in this case not only fills a legal void but also reinforces the importance of local traditions in contemporary judicial processes, contributing to a more inclusive legal system.