Dispute Resolution System in Aceh According to the Customary Institution Qanun: Legal Pluralism Perspective

Abstract

Aceh has a mechanism for resolving disputes involving customary institutions in the social structure of society. Dispute resolution in the community has a different customary settlement system in each region in Aceh, for example for Aceh Tamiang it is known as the customary institution Duduk Setikar Sekampung, Central Aceh Sora Opat, while for other regions in Aceh it is known as the Tuha Peut Customary Institution. In addition to the different naming of customary institutions, the settlement system is also different. This study uses an empirical legal approach method using the theory of legal pluralism, through historical, conceptual and comparative legal research. This study focuses on the multicultural settlement system in customary institutions in Aceh before and after the enactment of Qanun Number 5 of 2003 Chapter V Article 31 Concerning Tuha Peut Gampông and on the function of customary institutions with the presence of Qanun Number 10 of 2008 in resolving household cases. The results of the study obtained by customary judicial institutions in Aceh before and after the enactment of Qanun No. 10 of 2008, the similarity is still using local wisdom in resolving household disputes by prioritizing the Customs of the community that have been established since the time of the Indatu, the difference is that the issuance of the qanun makes the function of the figure institution in its role in the Customary institution clearer. The customary apparatus of Tuha Peut Gampông is the party that plays a responsible role so that the resolution of the dispute/case does not cause losses to the parties, but makes maximum efforts to achieve peace. The leaders of customary institutions have the main responsibility, namely carrying out the resolution process, deciding fairly, protecting the rights of the parties, recording the process and decisions and documenting documents.