CD Skripsi

Penyelesaian Tindak Pidana Melalui Peradilan Adat Di Nagari Pematang Panjang Kabupaten Sijunjung

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In Nagari Pematang Panjang, the resolution of customary disputes as well as minor
criminal matters is carried out through adat courts or also called nagari courts conducted by adat
holders. The elements that form and are incorporated in traditional justice in Nagari Pematang
Panjang based on Nagari Pematang Panjang Regulation No. 2 of 2008 are Wali Nagari, Mamak
Rumah, adat holders, religious leaders, traditional leaders, ninik mamak, Nagari Indigenous
Density or abbreviated as KAN and members of the Forum Community Police Partnership or
abbreviated as FKPM. 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 through adat courts in the perspective of national criminal law and
whether the decisions have binding legal force in national legal order.
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 classified as normative legal research, because in this study the authors
study the study of literature, study the journals and by using the interview method with the
guardians of the nagari in Nagari Pematang Panjang. Data sources used are primary data,
secondary data, and tertiary data.
From the results of the research conducted it can be concluded, First, the position of
customary judicial law in Indonesian national law is legally valid and can be recognized even
though up to now there has not been any special recognition of the procedures for carrying out
criminal offenses through customary courts. Second, 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 living law in society, this pattern of case resolution tends to be more
effective and efficient so that it does not leave or cause new problems. In Indonesia, the
settlement of criminal cases with customary law, commonly referred to 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
seen as an effort to cleanse the personal soul, 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 legislation relating
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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

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 120 (0143)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA., 2020

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 120 (0143)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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