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All Journal LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum Gender Equality: Internasional Journal of Child and Gender Studies SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Ilmiah Al-Mu'ashirah: Media Kajian Al-Qur'an dan Al-Hadits Multi Perspektif Al-Hikmah Media Dakwah, Komunikasi, Sosial dan Kebudayaan Legal Protection for the Partnership Agreement Parties HIKMATUNA: Journal for Integrative Islamic Studies Hikmatuna
Roslaili, Yuni
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Religion Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Sayam: Implementing Customary Law in The Resolution of Persecution Criminal Cases in Aceh Roslaili, Yuni; Maulana, Muhammad; Maghfirah, Dinni; Suparwany, Suparwany
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 13 No. 1 (2024)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v13i1.22357

Abstract

Customary law has been used to decide certain criminal matters in Aceh instead of positive law. This was the case in the persecution incidents that occurred in various villages in the Meureudu region, where the idea of Sayam was employed. This study aimed to determine the practice of compensation in the concept of Sayam, the effectiveness of its use in resolving persecution and criminal conflicts, and whether there were any gaps between the concept of mediation in Indonesia and the concept of Sayam mediation in Aceh. This research used descriptive normative analysis and referred to legal pluralism, which considers the interplay of state, customary, and religious law using an empirical social approach. The results of this study found two types of procedures for reporting cases of persecution in the concept of Sayam: First, the complaint of the case was addressed to the village apparatus, and second, the complaint of the case was submitted to the police station. The technical compensation to the victim used four methods: deliberation, customary reusam, and losses, which were borne together based on the motto "saboh pisang koh dua" (one banana divided for two), and the last, based on the policy of traditional leaders. The gap between the concept of sayam in Aceh and the concept of mediation in Indonesia was that in the concept of sayam, as in general customary law, there was no recording, and in the concept of sayam, decisions were sometimes based on the decisions of traditional leaders. 
Co-Authors Ahmad Nadzri, Amirulhakim Bin Aisyah Idris Aris Munandar Emi Suhemi Hargiani, Fransisca Xaveria Husna, Arinal Maghfirah, Dinni Marina Ulfah Muhammad Maulana Mukdin, Khairani Muzaky, Muhammad Rahmi, Maulidatun Siti Aisyah Suparwany Suparwany, Suparwany T., Ainal Yunarti