PENYELESAIAN PERKARA TINDAK PIDANA MELALUI PERADILAN ADAT (STUDI KASUS DI NAGARI PEMATANG PANJANG KABUPATEN SIJUNJUNG)

Abstract

The resolution of adat disputes and minor criminal acts is carried out by the adat stakeholders. In practice customary courts have proceeded smoothly in resolving criminal cases, but besides that the problem is related to the legal status and position or legal force of decisions resolved in adat courts in the perspective of national criminal law and whether the decisions have binding legal force.
The purpose of writing this thesis, namely: First, Knowing the legal position of customary justice in Indonesian national law, Secondly knowing the process of implementing customary justice in resolving criminal cases in Nagari Pematang Panjang, Sijunjung Regency. This type of research is a sociological.
From the results of the research conducted it can be concluded, First, the settlement of criminal cases with customary law is a global trend at this time. The process of resolving criminal cases is not only oriented towards the perpetrators but also accommodates the interests of the victims and the community. An attempt was made to bring things back to the way they were before the case. Apart from being rooted in the law that lives in the community, this pattern of case resolution tends to be more effective and efficient so that it does not leave or cause new problems. Secondly, in Indonesia the settlement of criminal cases with customary law commonly known as peace has been carried out since the existence of customary law itself, namely since the existence of the community. This is done not only because it looks at the interests of various parties but is also considered as an effort to cleanse the soul of the person, the community, and the environment from the evils caused by disputes in the community. So, peace is part of the religion or beliefs held by Indonesian indigenous people. Authors' Suggestions, First the process of resolving criminal cases through the process of customary religion must be maintained in every problem that occurs in the middle of Nagari Pematang Panjang by deliberation and consensus so that the dispute can be resolved by peaceful and familial means. Second, conducting legal studies and exploring the values and local wisdom carried out by indigenous peoples with a number of laws and regulations relating to the existence and authority of traditional institutions in resolving an adat case so that its existence and authority are recognized in resolving legal issues.
Keywords : Criminal act - Customary Justice - Nagari Pematang Panjang