Notion of Justice between Custom and Positive Law, Macusani District – Puno Region

Abstract

The present research work responds to the latent problem in the Puno region, especially in the Macusani district, on the notion of justice between custom and positive law, as a result of which the objective was to analyze the notion of justice that residents present between custom and positive law in the district of Macusani - Puno Region, to achieve this objective I conducted a qualitative approach research because it sought to know the perception regarding the function of the administration of justice according to the settlers in the district of Macusani - Puno Region, for this a direct interview was applied to the designated settlers, an intentional sample of population groups was selected between patrolmen, settlers, prosecutors and judges. Once the investigation was developed, it was evidenced that the custom or customary law still prevails over time, therefore, it constitutes a form of justice in the district of Macusani, however, it is agreed that the positive law is more effective at These are cases that go against the fundamental rights of the person despite the administrative bureaucracy that burdens them. Therefore, today the Customary Law is still considered the most effective, less expensive and less lengthy way of administering justice than the Positive Law in the administration of justice with regard to daily and minor crimes that occur in the district. from Macusani, Puno region