Penerapan Hukum Adat Dalam Menyelesaikan Tindak Pidana Perzinaan di Desa Teratak Kecamatan Rumbio Jaya Kabupaten Kampar

Abstract

Indonesia is a rule of law where every provision is guided by a national
legal system, the enactment of national law in society and also the development of
a legal system that derives from the habits in society. This practice is a provision
called customary law. In customary law there is no separation between violations
in the field of criminal or civil law. However, customary law only recognizes one
procedure in terms of prosecution, both for civil and criminal nature.
As for the settlement of cases or disputes within the customary law
community, it must be based on the views or role models adopted by the
indigenous people themselves. Whereas in this study shows that the settlement of
customary law takes into account the process in a family, deliberation between
the two parties and prioritizes the restoration of the order of life in the community
so that the creation of harmony within the community itself.
Basically, crime is an act that is seen as a deviant act. Completion of
criminal cases, In addition to completing it before a court, in the Tratak Village
community, there are many cases of crimes that are resolved through customary
law.
This study aims to find out the existence of customary law and sanctions
against criminal law offenders and whether the type of sanction is effective as a
legal basis in resolving this case.
Keywords: State of Law, Customary Law, Customary Sanctions