SETTLEMENT OF CUSTOMARY DISPUTES AGAINST THE MIS-APPLICATION OF CUSTOMARY SANCTIONS BY PAGEU GAMPONG
(A Study in the Banda Aceh City Jurisdiction)
Sayed Muhammad Fakran ,
Teuku Muttaqin Mansur ,
Based on Article 18 of The Governor of Aceh Regulation No. 60 of 2013 concerning the Implementation of Dispute Resolution /Disputes of Customs and Customs which states that, 1). Customary judicial decisions are peaceful and binding, 2). The customary judicial ruling refers to deliberations for consensus." According to the Joint Decree (hereinafter abbreviated as SKB) between the Governor, The Chief of Police, and the Aceh Customary Assembly Number: 189/677/2011, 1054/MAA/X11/2011, B/121/1/2012, the implementation of gampong and mukim customary judiciary or other names in Aceh in giving decisions prohibited from imposing corporal sanctions, such as imprisonment, bathing with dirty water, shaving hair, cutting clothes and other forms that are contrary to Islamic values. The case that occurred in banda aceh, pageu gampong in the enforcement of customary law in Gampong Pineung and Gampong Beurawe who made arrests for theft, where pageu gampong immediately took action in the form of vigilantism, be it conducting persecution, bathing the perpetrator with water comberan and partly resulting in harm to the perpetrator.
This research aims to explain the role and responsibility of gampong pageu in resolving gampong customary law disputes against the wrong procedures for the application of sanctions by gampong pageu, and explain the legal consequences arising from the mis-procedure of applying sanctions by gampong pageu.
This type of research uses empirical juridical, namely, research on the role of law enforcement in carrying out its functions, which discusses how the law operates in government agencies, namely law enforcement. The data used is primary data and secondary data. Data collection techniques use interview techniques and study documents and laws related to this research. Furthermore, the data is processed and analyzed with qualitative descriptive analysis techniques.
The results of this study show that, the role of gampong pageu in the settlement of customary disputes in gampong Gampong Pineung and Beurawe has prosecuted the perpetrators of theft based on Article 13 Qanun Aceh No. 9 of 2008 on the life of Customs and Customs one of which is a minor theft, but the method of settlement is implemented by pageu gampong by vigilante means, the role of vigilantism has violated the application of customary law contained in Qanun and Decree Bersa ma about the implementation of the settlement of customary law, then the customary prejustity process is taken over entirely by gampong officials who previously this role was carried out by pageu who were furious about the crime of theft. The responsibility of pageu gampong who commits the wrong application of customary sanctions practically based on deliberations to replace all losses for the aggrieved parties, subtansi in reusam can be classified to carry out the process of resolving customary disputes professionally, upholding the human values as the intellectual rights owned by each individual, respect the application of customary law in a kaffah and arif , set a good and correct example to the community, and uphold the values of justice. Due to the law arising from the wrong procedure of applying sanctions by pageu gampong, customary disputes are resolved by the provisions of Reusam and Qanun on the selection of customary disputes, but to follow up on the error of pageu gampong in the application of customary law can still be directly continued to the police to seek justice for their rights that have been wronged, and there is interference of the police in the investigation of customary cases gampong , and this has been contrary to Article 15 Qanun Aceh No. 9 of 2008 must be resolved first through the Gampong and Mukim Customary Judiciary or other names in Aceh.
It is expected that Keuchik, Imuem Meunasah and Ulee Jurong can take on the role of local customary stakeholders to expand the study of local customary law in depth related to sanctions for gampong pageu that violate the rules of application of customary law can provide deterrent effect and also justice. It is recommended to the government to be able to consider the consequences of the wrong application of customary law as a legal loophole for the parties to the dispute over the overlap of legal settlements between customary law and national law.
Keywords: Dispute Resolution, Gampong Customary Law Misre ordinances implementation sanctions, And Pageu Gampong