PENERAPAN HUKUM ADAT DALAM PENYELESAIAN TINDAK PIDANA PERSETUBUHAN YANG DILAKUKAN OLEH ANAK DI WILAYAH HUKUMKABUPATEN LIMA PULUH KOTA SUMATERA BARAT

Abstract

Settlement according to customary law in Minangkabau can be done in the Nagari Judiciary in this
case carried out by Kerapatan Adat Nagari (KAN). KAN is a customary justice body in Minangkabau. The
task is to resolve the Sako and Pusako disputes according to the provisions as long as the custom applies in
the Nagari, in the form of a peace decision, and also to settle the customary crimes that occur. However, the
application of customary law in the jurisdiction of District Lima Puluh of West Sumatra City is still not fully
implemented just because of a marriage ban on my neighbor, even though it is very contrary to the existing
sanctions, if there is a case of intercourse, a mandatory sentence is to marry off the parties the problem.
The purpose of writing this thesis are: First, To find out the process of resolving customary sexual
intercourse criminal acts committed by children in the jurisdiction of Regency Lima Puluh of West Sumatra
City Second, To find out the legal consequences that occur if the settlement of sexual intercourse is done
through customary law in the jurisdiction Regency Lima Puluh City of West Sumatra.
This type of research is a sociological juridical research which means an approach by looking in
terms of legislation and the reality that occurs in the field.
From the results of the study concluded, First, the process of resolving the crimes of customary legal
intercourse carried out by children in the jurisdiction of District Lima Puluh of West Sumatra City is not yet
fully implemented, this is because if there is a ban on marriage to my neighbor so that customary settlement
cannot be continued even though it is very contrary to the sanction of customary punishment that already
exists, that is if there is a case of intercourse, then the punishment that must be carried out is to marry off
the parties who are in trouble, are expelled from the village, and excommunicated from the community.
Secondly, the legal consequences that occur if sexual intercourse is carried out through customary law in
the legal area of the District Lima Puluh of West Sumatra is that it can override criminal sanctions, because
the customary sanctions imposed with the agreement of the adat authorities, the sanctions have the same
valid force as criminal law in the Criminal Code, because these sanctions are agreements that have been
established by previous adat leaders.
Keywords: Application of Customary Law, Copulation and Children