Adat Court Judge: Tradition and Practice of Dispute Resolution Between Societies in Aceh

Nanda, Amalia and Mukhlis, Mukhlis and Yusrizal, Yusrizal (2018) Adat Court Judge: Tradition and Practice of Dispute Resolution Between Societies in Aceh. Journal of Law, Policy and Globalization, 77. pp. 74-84. ISSN 2224-3259

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Abstract

The dispute’s settlement between communities by utilizing adat courts is believed to have opened access for the society to obtain legal certainty and justice, especially for villagers. The existence of customary judiciary is viewed closely with people who have limited access, both financially, distance and understanding to reach the state court. Adat court has become a major player in Aceh, other than becouse the existence of a formal recognition of its existence through Qanun Aceh Number 9 of 2008 on the Development of Indigenous Life and Customs, it also influenced by village judges who are perceived as having the capability to present solutions for disputing communities. This study performs literature review as well as field studies by conducting direct observation of the dispute resolution practices undertaken by village judges and interviewing actors who play a role in dispute settlement in the community. Field studies were conducted in the northern part of Aceh, including Lhokseumawe, North Aceh and Bireuen district. This article uses a socio-legal study’s approach which aimed to discuss the involvement and role of village judges in resolving disputes in the community. This article also discusses the factors that affect the community's acceptance of adat court decisions This study finds that there is a strong interaction between the village judges and the community. Their knowledge, experience and the charismatic factor of the judge contributed to the added value of becoming a reference point for the community. Although still in limited numbers, the existence of female judge has contributed to open the access of justice for women. This study will contribute to the development of law and community dispute resolution’s model with the efficiency of law enforcement budgets in Indonesia.

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