PENYELESAIAN TINDAK PIDANA PENGGANIAYAAN SECARA MEDIASI PENAL BERDASARKAN HUKUM ADAT PADA MASYARAKAT DESA KECAMATAN KABUN KABUPATEN ROKAN HULU

Abstract

This study examines the settlement of criminal acts of torture by mediating the penalties
which were resolved through the Kabun District adat institutions so that they can be resolved
peacefully as quickly as possible. The problem under study is How is the resolution of the
criminal act of torture mediated by penalties based on customary law in the village community
of Kabun District, Rokan Hulu Regency? as well as inhibiting factors in the resolution of
criminal acts of torture by mediating penalties based on customary law in the village
community of Kabun District, Rokan Hulu Regency?
This study uses normative and empirical juridical approaches. The data used include
primary data and secondary data. The data collection method in this research is to use
literature study and field study. The data processing is carried out by means of Editing then
data classification, Interprestion and data systematization are carried out. Data analysis was
performed in a qualitative manner.
The results of research and discussion show that the process of resolving cases of
criminal acts of persecution using the mediation of penalties consists of the stages of the
meeting consisting of the initial opening, delivery of problems between the parties,
identification of agreed matters, formulation and preparation of the negotiation agenda,
discussion of issues, laughter - Bidding on case resolution, decision making, and closing
statement. While the post-mediation stage consists of ratification of the results of the
agreement, sanctions, obligations of the actors signing the peace agreement. Mediation was
carried out by previously making several considerations, among others, the victim agreed to
hold a peaceful effort and resolved through family ties, the impact if the case continues, it is
feared that it will cause a trauma to both the perpetrator and his family
The implication of this research is that the government needs to make laws and
limitations for criminal acts that can be resolved through mediation at the Customary level, the
Police and the Government need to make laws regarding the procedures for implementing
mediation of penalties so that the practice of applying them in the field puts forward the
deliberation approach can be realized in the customary law of the Kabun sub-district.
Keyword: Penal Mediation - Criminal Acts of Abuse - Customary Institution