The oracular court of Sedimo vs. the customary court

2021 ◽  
pp. 60-91
Author(s):  
Pnina Werbner ◽  
Richard Werbner
Keyword(s):  
Customary Court

scholarly journals SISTEM MEDIASI DALAM PERADILAN ADAT ACEH

Al-Qadha ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 34-47
Author(s):  
Mulyadi Nurdin
Keyword(s):  
Justice System ◽  
Court Decisions ◽  
State Institutions ◽  
Customary Court

Adat as a traditional justice system, is one way to resolve disputes in the communitypeacefully ou tside the court, through a process of mediation or peace. The tradition which isIndonesian wisdom continues to live and develop. But in its implementation it often facesvarious problems, suchas, obstacles to the recognition of customary court decisions by lawenforcement, as well as synchronization between judicial institutions. The mediation systemthrough customary justice if properly functioned, will solve various problems quickly, cheaplyand fairly. Various problems that occur, related to customary justice, can be resolved, if there aregood wishes between state institutions

scholarly journals The third time a charm? Traditional Courts Bill 2017

2018 ◽  
pp. 45-54
Author(s):  
Fatima Osman
Keyword(s):  
Justice System ◽  
Legal Representation ◽  
Significant Development ◽  
High Court ◽  
The Third ◽  
Traditional Leader ◽  
Opt Out ◽  
Customary Court ◽  
Criminal Matters ◽  
Made In

This article discusses the latest version of the Traditional Courts Bill introduced by Parliament in 2017. It examines several fundamental objections to previous versions of the Bill to explain the progress that has thus far been made. In a much-welcomed improvement, the 2017 Bill provides a mechanism for individuals to opt out of the traditional justice system. Nonetheless, the recognition of the old apartheid homeland boundaries is perpetuated, as only courts convened by a traditional leader, whose power and jurisdiction are based on the old tribal boundaries, are recognised. A notable change is that there are no longer appeals to the magistrates’ courts. Parties may appeal a decision to a higher customary court or apply for a review of a decision to the high court. This calls into question the accessibility and affordability of appeals, and essentially locks people into the traditional justice system after the commencement of proceedings. The bar on legal representation continues under the 2017 Bill, which remains objectionable given that traditional courts may still deal with criminal matters. However, the powers of traditional courts in granting sanctions have been significantly circumscribed and regulated. Thus, while the 2017 Bill represents a significant development of previous versions of the Bill, there is still room for improvement.

scholarly journals KEBERLAKUAN ASAS NE BIS IN IDEM TERHADAP PUTUSAN PENGADILAN ADAT DALAM TATA HUKUM INDONESIA

2019 ◽  
Vol 4 (1) ◽  
pp. 49
Author(s):  
Masril Masril ◽  
Ade Kosasih
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Criminal Law ◽  
Customary Law ◽  
The Public ◽  
Ne Bis In Idem ◽  
Legal Uncertainty ◽  
Customary Court ◽  
Principle Of Legality

Abstract: The number of cases have been decided and executed by the Customary Court, but are still being processed and tried according to national law. It creates legal uncertainty and tends to conflict with the values of justice and human rights. This tendency is due to law enforcers who prioritize the principle of nullum delictum noella poena sine pravea lege poenali. The criminal law also acknowledges the principle of ne bis in idem for every decided and executed cases, including the Decision of the Adat Court. The result describes that the application of the principle of ne bis in idem to the Decision of the Customary Court has a place in Indonesian law. This can be recognized from the existence of a Supreme Court jurisprudence which states that if a case has been decided by the Adat Court and brought back to court, the Public Prosecutor's indictment must be declared "unacceptable" Niet On vankelijke Verklaark. The implementation of the principle of legality is not only interpreted as nullum delictum sine lege, seen as formal legality, but also as nullum delictum sine ius, material legality by recognizing customary law as a source of law.Keywoords: Ne bis in idem, Verdict, Customary Court.

scholarly journals Penerapan Peradilan Adat Berbasis Kuasi Yudisial Dalam Memutus Sengketa Adat

2020 ◽  
Vol 12 (2) ◽  
pp. 260
Author(s):  
Al Araf Assadallah Marzuki
Keyword(s):  
Dispute Resolution ◽  
National Court ◽  
District Court ◽  
Domestic Court ◽  
Legal Remedy ◽  
Legal Uncertainty ◽  
Customary Court ◽  
Legal Force ◽  
Judicial Hierarchy

The customary court is not a judicial institution that can decide a dispute with the direction of justice as in the national court so that recognition of customary decisions does not get permanent legal force which results in legal uncertainty in dispute resolution through customary court institutions. Thus, there is an idea that is offered in this research that implements customary courts as quasi-judicial in resolving customary disputes. Through normative juridical research, it is found that: first, the position of customary courts is only limited to deliberative dispute resolution, and in the judicial hierarchy its position is not recognized. Second, the quasi-judicial model that can be applied in customary courts can emulate KPPU in deciding disputes where to obtain permanent legal force, the KPPU's decision needs to be ruled by a district court, and if some object to the verdict, they can file an objection legal remedy in the domestic court. a period of 14 days from receipt of the decision on the parties.

scholarly journals Indonesian Customary Court Concept In The Future

2015 ◽  
Vol 11 (12) ◽  
Author(s):  
Lilik Mulyadi ◽  
Ronald Hasudungan Sianturi
Keyword(s):  
The Future ◽  
Customary Court

Changing the Courts in Zimbabwe: The Customary Law and Primary Courts Act

1982 ◽  
Vol 26 (2) ◽  
pp. 95-114 ◽  
Author(s):  
Andrew Ladley
Keyword(s):  
Early Life ◽  
Field Research ◽  
Customary Law ◽  
Law Reform ◽  
Important Indicator ◽  
Popular Justice ◽  
Customary Court

In February, 1981, the Customary Law and Primary Courts Bill was “celebrated” into law by the Parliament of Zimbabwe. It was swept into being with the reforming fervour which the new government brought to an independent Zimbabwe. The debating chambers, and loudspeakers at country-wide mass rallies, echoed with condemnations of the previous customary court structures and with the promise of popular justice and people's courts. Whether the legislation was “revolutionary” is arguable, but the atmosphere of its birth is an important indicator of its nature—a people's government was providing for a people's law. This article is mainly concerned with the changes in court structure and jurisdiction brought about by the Customary Law and Primary Courts Act. However, some observations on the early life of the primary courts, and on other matters of law reform in Zimbabwe, are necessary in order to breathe life into the legislative discussion. Many of these observations are personal—gleaned from field research into the primary courts in Zimbabwe between April, 1982, and February, 1983.

Abolition of Customary Courts—the Nigerian Experiment

1976 ◽  
Vol 20 (1) ◽  
pp. 1-19 ◽  
Author(s):  
E. I. Nwogugu
Keyword(s):  
Northern Region ◽  
Local Communities ◽  
Federal System ◽  
The North ◽  
Southern Nigeria ◽  
Customary Court ◽  
The Government ◽  
Statutory Basis

Before the establishment of British judicial institutions in Nigeria, disputes were settled through the machinery of indigenous traditional tribunals. The character of these varied from one area of the country to another. In the Eastern part of the country, the machinery of justice was rudimentary and in no sense institutionalised. The strong tradition of chieftaincy which existed in the North and West enabled these areas to possess fairly well organised traditional tribunals. From 1898 the government of the Niger Coast Protectorate, in agreement with the local communities, began to create systematised native courts. These courts were purely administrative creations which were neither established nor controlled by statute. In 1900, the Grown took over from the Niger Company and by the Native Courts Proclamation established native courts on a statutory basis in the Protectorate of Southern Nigeria. The system of native courts created by this enactment was modified in subsequent years. In 1948 the Brooke Commission of Enquiry was appointed for the Northern, the Eastern, the Western Provinces and for the Colony to review the operation and jurisdiction of the native courts in the various parts of Nigeria. With the introduction of the federal system of government in Nigeria in 1954, the native courts became a residuary matter on which Regional Legislatures alone could legislate. In the subsequent statutes on this matter, the Eastern and Western Regions adopted the new title “customary court” while the Northern Region retained the old title of native court.

scholarly journals CUSTOMARY COURT AS ALTERNATIVE TO SETTLEMENT OF DISPUTE IN SOUTH SULAWESI

2018 ◽  
Vol 3 (2) ◽  
pp. 154
Author(s):  
Andika Prawira Buana ◽  
Hardianto Djanggih
Keyword(s):  
Research Results ◽  
South Sulawesi ◽  
Legal Method ◽  
Customary Court ◽  
Settlement Of Disputes ◽  
Settlement Of Dispute

Customary court is a process conducted in connection with the duty to examine, to adjudicate and to decide a case in the community, which has long ago become a means to seek for justice. Customary court aims at returning broken order resulted from existing dispute. This research mainly focuses on how the essence of customary court in South Sulawesi is and how customary court serves to settle dispute in South Sulawesi. Employing socio-legal method, the research results explain that the Customary court in South Sulawesi has no longer been relied on in settlement of disputes existing in the community as the result of modern court domination.

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