PERTIMBANGAN HAKIM DALAM MEMAKNAI BELIS DAN LAIN NAIR MET LEE DENGAN PENDEKATAN FILSAFAT HUKUM DAN MORALITAS: STUDI PUTUSAN NO. 42/PDT.G/2015/PN MME

Abstract

This study discusses two main things. First, how does the panel of judges in the decision number 42/Pdt.G/2015/PN.Mme understand the Sikka customary law as a living law. Second, how the decision is seen from the point of view of morality and legal philosophy. In explaining the custom, the judge concluded that the engagement between the two parties is considered valid according to the customs there, and customary sanctions such as Lain Nair Met Lee can only be applied if all the elements are clearly proven. Belis is interpreted as a symbol of social relationship between families, not as a debt that must be paid automatically. In terms of morality, this case shows a meeting between cultural moral values that pay attention to common honor and individual moral values that emphasize self-protection and human dignity. By rejecting the application of customary fines, the judge's decision emphasized that customary norms must be in accordance with social justice, the living conditions of the parties, and the principles of morality in the law itself.