EKSISTENSI HUKUM ADAT MINANGKABAU DALAM PENERAPAN SANKSI DENDA TERHADAP PELAKU ZINA DI NAGARI LIMO KAUM KECAMATAN LIMA KAUM

Abstract

Indonesia is a legal state (rechtstaat) in which every legal provision rests or is guided by the
Pancasila and the 1945 Constitution, because a regulation must not conflict with higher regulations because
it applies nationally. But in community life besides the existence of national laws there are also customary
laws in the midst of these communities which are born of habits and behavior that develop into what is
called adat. This custom or habit will later become a provision called customary law. Whereas customary
law and customary law are still used by certain local communities, especially in the Kenagarian Limo Kaum
Lima Kaum area whose people still use customary criminal law to settle customary criminal acts, especially
zina crimes. The purpose of writing this thesis is: first, how is the existence of the application of fines
sanctions against adulterers in Nagari Limo Kaum Lima Kaum Subdistrict, secondly, What is the position of
customary criminal law against law enforcement and its practice in Nagari Limo Kaum Lima Kaum
District.
This type of research is using sociological research methods because this research authors directly
conduct research on the location or place to be studied in order to provide a complete and clear picture of
the problem to be studied. This research was conducted at Nagari Limo Kaum sub-district Lima Kaum ,
Tanah Datar District, West Sumatra Province. While the population and samples were all parties related to
the problems examined in this study, data sources used primary data, secondary data and tertiary data,
collection techniques the data in this study were interviews and document studies.
The conclusions that can be drawn from this study are that the existence of customary criminal
sanctions such as being discharged and fined have begun to fade or are rarely used anymore because the
people in Nagari Limo Kaum are already plural who come and settle so that customary law is not used
anymore and submitted every issue reported to the police. The suggestion that the authors give is that the
Nagari government and its devices make a Nagari Regulation that regulates customary law or violations of
customary law in collaboration with the police and disseminates it to the Nagari Limo Kaum community so
that the Minangkabau customary law persists and will not fade along with the times.
Keywords: Existence - Customary Law - Customary Penalty – Adultery