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All Journal Jurnal Bina Mulia Hukum
Andrean Ramadhan
Sekolah Tinggi Ilmu Hukum Muhammadiyah Takengon
Law, Crime, Criminology & Criminal Justice

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Sarak Opat Considerations in the Application of Parak Customary Sanctions (Exile) Against Jarimah Khalwat Perpetrators Suhartini Suhartini; Achmad Surya; Andrean Ramadhan
Jurnal Bina Mulia Hukum Vol. 10 No. 2 (2026): Jurnal Bina Mulia Hukum Volume 10 Number 2 March 2026
Publisher : Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24198/jbmh.v10i2.1997

Abstract

In Gayo society, khalwat (illicit sexual relations) is punishable by customary sanctions in the form of parak (exile). However, in practice in several villages in Central Aceh Regency, perpetrators of khalwat are often immediately subjected to severe parak sanctions without first going through a stage of counselling or written warnings. This study aims to determine the process of applying customary sanctions and the considerations of the sarak opat in imposing sanctions on perpetrators of khalwat. The novelty of this research lies in the integration between the values of Gayo customary law and the principle of restorative justice in the context of non-litigation law enforcement based on local wisdom. This type of research is empirical law using primary data obtained directly from the field and secondary data or reference data. The results indicate that the implementation of parak sanctions is carried out through a structured process, starting with complaints, mediation, customary court hearings, and then implementing the decision. The primary considerations for Sarak Opat include religious, legal, socio-cultural, and public security aspects. However, violations of customary procedures were found in the form of exile without prior warning, potentially raising substantive justice issues.
Co-Authors Achmad Surya Suhartini Suhartini