Author(s): I Ketut Widia, I Nyoman Putu Budiartha
The phenomenon of the number of prisons in Indonesia filled with prisoners often creates various types of problems, among others, the circulation of drugs in prisons, the escape of prisoners from prison, riots that cause a large number of casualties and property in vain. In Indonesia every year always build prisons at a very high cost. Legally and economically, this is very worrying, due to the indication of the failure to work the law in society and the costs incurred by the state every day reaching three billion rupiahs to guarantee the life of a convict in prison. A fantastic amount because it is used to keep criminals. Empirical data shows, many criminals will be even more evil after entering to prison. For this reason, a big idea emerged to solve legal problems in indigenous peoples, because historically customary solutions have been the personality of the nation and better guarantee a sense of justice, in addition to fulfilling the principles of fast, cheap, and transparent cases. This research aims to answer the following problems, namely: (1). What types of cases can be resolved by custom in the community? (2). How is the procedural law of customary justice carried out in order to fulfill the sense of justice in the community? The type of research that will be used in this research is empirical law research. The theories used to analyze the problem are social engineering theory and legal system theory. The conclusion of the research is, it is indeed very feasible to carry out mediation under customary law in order to solve legal problems that occur in society. Regarding the procedural law of customary courts, all kinds of problems are resolved by deliberation to reach consensus through mediation guided by the head of customary society.