The Legal Pluralism Strategy of Sendi Traditional Court in the Era of Modernization Law

The Sendi customary community is a community that has procedures for implementing customary law through the customary justice system. Not only that, the Sendi customary community also has a distinctive legal code and customary apparatus; so that its existence needs to be maintained in the face of the era of legal modernization. This research is an empirical legal research; by using secondary data types obtained from various searches for journal articles, books, and information through online news online; relating to the substance of the research. The purpose of this research is to describe the structure of Sendi's customary court in maintaining the existence of customary law; as well as describing the strategy of legal pluralism in Sendi's customary court to face modernization of law era. This empirical legal research focuses on the structure of Sendi's customary court with an approach of legal pluralism. The results of the study confirm that a legal pluralism strategy is needed to maintain the existence of the Sendi traditional court in the era of legal modernization; and integration efforts are needed between the law and the customary apparatus of Sendi with the law and the national or state apparatus.

Proposed Improvement for Divorce Resolution in Aceh And Malaysia: A Comparative Study

The purpose of this study is to analyze the solution of divorce cases among the people of Aceh and to study the best practices that can be learned from Malaysia in order to create a model of a divorce case that can be practised in Aceh. This qualitative study used the interview method which was conducted in Aceh and Malaysia to learn how similar cases were resolved in Malaysia, while the secondary data was obtained through a library study. The study concludes that the Customary Court has jurisdiction to resolve divorce cases, involving either registered or unregistered marriage. However, the Customary Court failed to distinguish between criminal and civil trial cases, which led to all cases of divorce claims being processed and subsequently allowed, but the decision was only a fine. However, the Syariah court resolved divorce cases involving only registered marriages as well as cases which impose imprisonment. This study proposes the need to create a Comprehensive Divorce Case Settlement (PKPK) model which shows that divorce cases in the Customary Court can be brought before the Syariah Court by the leader of the village who is entrusted to resolve the matter.

Penerapan Peradilan Adat Berbasis Kuasi Yudisial Dalam Memutus Sengketa Adat

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.

The role of third parties in norm enforcement in customary courts among the Enga of Papua New Guinea

Cultural norms are key to cooperation in human societies. How they are regulated, maintained, and adapted to the change remains a matter of debate. Humans have dispositions for both retributive and restorative justice; recent focus has been on third-party punishment, punitive sanctions by those not directly harmed, as key for norm enforcement. However, punishment does not engage the essential proficiencies and emotions critical to cooperation in small-scale societies with high dependence on collective action, sharing, and exchange. Third-party participation in norm enforcement is examined with data from a 10-y study among the Enga of Papua New Guinea. The Enga have a plural justice system with formal courts practicing retributive justice and customary courts applying restorative measures. Most cases are brought to customary courts. Drawing on observations from 333 village customary court cases concerning assault, marriage, land, and property violations, third-party engagement outside of and during customary court hearings is analyzed. Results show that all sides are heard, restoration is prioritized, and third-party punishment is rare; rather, third parties help with compensation to reintegrate wrongdoers and resolve conflicts. Repeated offenders and free riders receive ever less community support. Third parties contribute substantially both during and outside of customary court sessions to help kin, pursue economic agendas, or gain reputation. They also act generously to build a strong community. Emphasis is on amends to the victim for fairness, not punishment of the offender. Broad third-party participation is maintained throughout times of rapid change to adapt while supporting essential structures of society.

PENERAPAN RESTORATIVE JUSTICE DALAM TINDAK PIDANA PERZINAAN PADA MASYARAKAT KUTAI ADAT LAWAS

ABSTRAKKesadaran akan penyelesaian melalui peradilan formal umumnya masih dirasakan kurang memberikan keadilan bagi korban, seringkali masih menyimpan ketidakpuasan korban atas sanksi pidana yang dijatuhkan kepada pelaku oleh pengadilan. Oleh karenanya, penerapan keadilan restoratif dalam penyelesaian delik adat secara musyawarah mufakat dalam bentuk perdamaian adat masih menjadi primadona dalam menyelesaikan delik adat. Penyelesaian antara pelaku dan korban secara kekeluargaan ataupun melalui peradilan adat merupakan penyelesaian dengan mencari keadilan hakiki. Penelitian ini dilakukan dengan metode sosiologis. yaitu penelitian studi empiris, penelitian yang berorientasi pada aspek hukum dan aspek non hukum yakni mengkaji dan menganalisis bekerjanya hukum dalam masyarakat dengan penerapan restorative justice dalam tindak pidana perzinaan pada Masyarakat Kutai Adat Lawas. Hasil penelitian menunjukan bahwa penyelesaian tindak pidana perzinahan pada Masyarakat Kutai Adat Lawas menerapkan konsep restorative justice, yang model penyelesaiannya ditentukan oleh ketua adat, atau melalui peradilan adat. Keadilan restoratif ini diterapkan dalam penyelesaian tindak pidana perzinahan sebagai upaya untuk memulihkan penderitaan yang dialami korban dan untuk memperbaiki keseimbangan masyarakat. Sanksi bagi pelaku zina bukan sanksi fisik tetapi sanksi berupa pengganti kerugian atau denda yang dikenakan atas perbuatan yang dilakukan. Jika kejadian perselingkuhan terjadi selama 3 (tiga) kali dan yang melakukan orang yang sama maka menggunakan hukum positif yaitu hukum pidana.Kata kunci: adat; perzinahan; restorative justice. ABSTRACTThe awareness of settlement with formal justice mostly does not offer satisfactory towards the victim, often times the victim still holds grudge and does not satisfied with the punishment given to the perperator. Therefore, the settlement of offense consetuede with restorative justice is the pre-eminent choice to solve the problem. The settlement between the perperator and the victim with kinship or customary court is really essential. This research is using sociology methods, that is an empirical study oriented towards legal & non legal aspects which is examine & analyze the work of law within the society with the application of restorative justice in criminal act of adultery in the Society of Kutai Adat Lawas. The result of the the research is to show that settlement of criminact act of adultery in Society of Kutai Adat Lawas apply the restorative justice, that the solving model is determined by the chief of the society, or customary justice. This restorative justice applied to solve the criminal act of adultery in attempt to console the victim and the harmony of the society. The penalty for the adultery perparator is not a physical punishment but with a fine worth of the criminal that has been done. If the same person did an affair 3 times, then the y use the positive punishment which is the criminal law.Keywords: adultery; customary; restorative justice.

Adat Court in Aceh, Indonesia: a Review of Law

This article aims to find out the legal position, authority, and structure of adat(customary) court in Aceh. This study used juridical methods. Data were obtained through literacy studies by examining such as the rule of laws, books, and journals. Data were analyzed using a qualitative descriptive approach. The results of the study showed that adat court in Aceh has a significant position in the legislative system. The authority of the adat court in Aceh is able to resolve small disputes that occur in society. The structure of adat court in Aceh is divided into land and sea areas. Adat court in the land territory consists of the village and the mukim adat court, and the sea territory consists of lhok and district adat court.

Penerapan Qanun Aceh Nomor 14 Tahun 2003 Tentang Khalwat (Mesum) (Studi Kasus Penerapan Syariat Islam di Kota Subulussalam)

This paper discusses the implementation of Aceh’s Qanun (the regional law) Number 14 of 2003 on khalwat (mesum/adultery) in Subulussalam city. The current study aims to explain the strategies to deal with the cases of khlawat in Aceh. It was field and library research by carrying out qualitative method and socio-legal-historic approach. The research findings reveal that the cases of khlawat could be solved through the pivotal roles of the local customary court (Mahkamah Adat) and Islamic court (Mahkamah Syar’iyah). The roles arose an uncertainty in handling the cases, particularly for the law enforcement agencies (WH, police officers, prosecutors, and the Mahkamah Syar’iyah). Additionally, the Acehnese Qanun Number 9 of 2008 on the preservation of customary law has explicitly established the problem-solving of lawsuit and its mechanism in an exclusive chapter. The Article 13 Section 1 in this Qanun asserts that the types of lawsuit/dispute of local customs consist of 18 issues. Khalwat is one of the involved issues, and the Mahkamah Adat is the authorized party concerning the issue.