Is there an exception in the case of adat crimes?
It is also possible that actions for some petty crimes may be brought pursuant to adat (customary) law. Adat laws are largely unwritten; differ (sometimes to a minor degree but often significantly) between areas of Indonesia; and are often uncertain and unpredictable in their application. They are usually applied (and regularly distorted) by the Pengadilan Negeri (State or District courts, Indonesia’s local courts of first instance). Significantly, under Article 76 of the Criminal Code, a defendant cannot be prosecuted twice for the same crime if an Indonesian judge has already decided the case and no avenues of appeal remain. The implications of these provisions for cases where adat-based actions on the same facts have already been concluded is not clear. It is probably the case that if an accused had already been subjected to a criminal penalty or civil liability at adat by a state court, then he or she could not then be prosecuted or sued under statute or other state law. Much less
