Analisis Sosio-Legal Terhadap Tindak Pidana Membawa Senjata Tajam Pada Masyarakat Kota Makassar: Perspektif Tradisi Dan Ketertiban Umum

Abstract

This study examines the socio-legal dynamics of law enforcement concerning the possession of traditional weapons (Badik) in Makassar, Indonesia, amidst the application of Emergency Law No. 12/1951. While the law mandates strict criminalization of unauthorized weapon possession, the cultural significance of the Badik—as a symbol of Siri’ (honor)—creates a complex dilemma for law enforcement. Utilizing a socio-legal approach, this research finds that the Makassar Police practice "Living Law Enforcement" by employing sociological discretion to distinguish between cultural heirlooms and weapons used for criminal intent. The study reveals a shift in public legal consciousness, where the younger generation increasingly redefines Siri’ through academic and professional achievements rather than physical aggression. This cultural adaptation fosters "contextual compliance," where the Badik is preserved as a cultural heritage in private spaces while being excluded from public spheres to maintain public order. This findings suggest that formalizing police discretion through clear operational guidelines is essential to balance cultural identity with legal certainty and public safety.