A CRITICAL EXAMINATION OF THE GAPLE TRADITION (GAMBLING DURING COMMUNITY CELEBRATIONS) IN THE PERSPECTIVE OF INDONESIAN CUSTOMARY LAW AND CRIMINAL LAW
Abstract
Based on the provisions of Article 18B paragraph (2) of the 1945 Constitution: states that the state recognizes and respects the unity of customary law communities and their traditional rights as long as they are alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia. This recognition is also strengthened by Article 28I paragraph (3) of the 1945 Constitution which states that cultural identity and the rights of traditional communities are respected. As a country that recognizes diversity in the cultural context from the past into its own identity in the midst of society, because in essence the traditions that exist in society are part of magical and religious customs in a society that are acquired from generation to generation. Trucuk Village is one of the 419 villages in Bojonegoro Regency that already has village customary institutions and maintains the preservation of unique traditions in the community. One of the unique traditions there is the practice of gambling called gaple during celebration events and activities to build people's houses which are preserved as part of the harmonious identity of community life. This study uses socio-legal research methods with historical and comparative approaches, as well as prescient analysis. In conclusion, it was found that the criminal law sourced from the state regulates that any form and method used by the public in gambling practices is a criminal act, both as regulated in the new Criminal Code and in the Amendment to the Electronic Information and Transaction Law. Meanwhile, based on the local wisdom of the people of Trucuk village, the practice of gambling during community celebrations is the local wisdom of the community that has been passed down from generation to generation and is not a criminal act and so far the police have not been able to make arrests or criminal proceedings against the people who carry out these activities. State law and living law have the same position as the source of national law, the state through its apparatus and institutions cannot be arbitrary against the gaple tradition that exists in the people of Trucuk Village, Bojonegoro Regency.
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DOI: http://dx.doi.org/10.30659/akta.v13i2.50804
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