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Robbery and Bullying: Protection Through Pageu Gampong Customary Law, and Islamic Law Abdullah, M Adli; Mansur, Teuku Muttaqin; Sulaiman, Sulaiman; Usman, Musliadi Bin
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i3.22713

Abstract

The social resilience system of the Acehnese people is rooted in the pageu gampong tradition. The values of pageu gampong are defined as how the people of Aceh protect themselves from the flow of criminal behavior, robbery, bullying and community supervision based on customary law. This research aims to reveal the facts, situations and phenomena of robbery and bullying behavior in Acehnese society through the protection of the pageu gampong customary system. Data was collected through interviews and analyzed using a juridical-sociological and phenomenological approach. The results of the research show that the practice of robbery and bullying is influenced by lifestyle demands accompanied by economic limitations and weaknesses in socializing in society, due to neglect of the values contained in the pageu gampong tradition. Pageu gampong as a customary law system has values that are integrated with Islamic values and is able to protect the community from all forms of robbery and bullying behavior. However, the tendency of the legal system to be oriented towards positivism and the current pressure for social change also contributed to the fading of the values of pageu gampong as the strength of the social structure of Acehnese society. The values of pageu gampong still survive in Acehnese society which is under the legal system of the Acehnese government.
GOVERNANCE CHALLENGES AND OPPORTUNITIES: THE ROLE OF THE MUKIM INSTITUTION IN CUSTOMARY FOREST MANAGEMENT IN ACEH PROVINCE, INDONESIA Nurhaliza, Nurhaliza; Mansur, Teuku Muttaqin; Abdullah, M Adli; Efendi, Efendi; Muazzin, Muazzin; Sunoko, Andika Priandana
Kanun Jurnal Ilmu Hukum Vol 27, No 1: April 2025: Customary Law and development in Indonesia
Publisher : Universitas Syiah Kuala

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Abstract

The role of the Mukim institution, as a unique customary body under the Aceh special autonomy system, in managing customary forests has been a subject of debate. The limitations and challenges faced by Mukim in fulfilling its responsibilities, particularly in light of contemporary environmental and legal pressures, remain unclear. This study employs a doctrinal-empirical investigation, utilizing a literature review and interviews with respondents and informants. The empirical research was conducted in Mukim Lampanah, Seulimeum District, and Mukim Blang Mee, Lhoong District, both situated in Aceh Besar Regency. The findings indicate that the Mukim holds a position of authority in the governance of customary forests, playing a crucial role in the management and oversight of natural resources within their designated territories. They possess the authority to designate customary forests. However, their capacity to meet these responsibilities is hampered by a lack of personnel within the Mukim institution and limited engagement from local administrations, particularly in terms of policy support and collaborative forest management efforts. Additionally, their efforts often conflict with national forestry management policies. To enhance the effectiveness and sustainability of forest management, it is essential to establish stronger collaboration and coordination mechanisms between the Mukim and government forestry agencies. This would facilitate better alignment of policies and improve overall forest governance.
Mediating Tradition: The Role of Law Enforcement in Customary Law Disputes Mansur, Teuku Muttaqin; Muazzin, Muazzin; Abdullah, M Adli; Ali, Hasbi; Usman, Musliadi Bin; Miranti, Aufa
Jurnal Ilmiah Peuradeun Vol. 13 No. 2 (2025): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26811/peuradeun.v13i2.1921

Abstract

This study explores the role of law enforcement agencies in resolving customary law disputes in Bener Meriah and Nagan Raya Regencies, focusing on the integration of customary law with national law. The study addresses the challenges faced and the collaborations between law enforcement and customary leaders in settling disputes, particularly conflicts between customary and formal legal principles. Using a qualitative approach and case study methodology, data were gathered through in-depth interviews with key stakeholders, including police representatives, the Aceh Customary Council, and prosecutors, along with direct observations and a literature review. The findings indicate that while customary law is officially recognized within Aceh’s legal framework, significant challenges arise in harmonizing it with national law, especially in cases where their principles diverge. Law enforcement agencies, including the police and prosecutors, play a pivotal role in bridging these gaps by working with customary leaders to mediate disputes. These partnerships uphold local wisdom while ensuring compliance with formal legal standards. Case studies from both regencies demonstrate that dispute resolutions often seek a balance between maintaining customary values and adhering to national law. This study contributes to understanding how law enforcement can facilitate effective conflict resolution within a pluralistic legal system.
The Influence of Law Enforcement on Restorative Justice-Based Conflict Resolution within the Customary Law in Aceh, Indonesia Abdullah, M Adli; Mansur, Teuku Muttaqin; Masrizal, Masrizal; Muhammad Rasyid, Laila; Priyono, Ery Agus
LAW REFORM Vol 22, No 1 (2026)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v22i1.63943

Abstract

The Indigenous People Community (IPC) in Aceh engages in collaborative efforts with law enforcement agencies to mediate disputes via customary courts, as delineated in Aceh Qanun Number 9 of 2008 pertaining to the Advancement of Customary Life and Traditions. Nevertheless, the escalating preeminence of formal legal frameworks has elicited apprehensions regarding the efficacy of customary sanctions in the context of community-driven conflict resolution. The objective of this research endeavor is to scrutinize the function of the police within the sphere of customary dispute resolution and to investigate the implications of their involvement on the jurisdiction of customary law institutions at the village level. The methodological approach employed in this inquiry is descriptive, supplemented by an empirical methodology. Primary data were acquired through direct observation and interviews with pivotal stakeholders, while secondary data were procured from ancillary documentation. The findings indicate that despite the successful resolution of 18 cases at the village level, the influence of the police tends to eclipse the authority of customary courts. The effectiveness of customary sanctions diminishes when formal law is accorded precedence, particularly in instances such as livestock theft or minor violent offenses. The conclusions that can be inferred suggest that excessive police involvement undermines the robustness of customary law, thereby contravening Article 13 paragraph (3) of Aceh Qanun 9/2008, which stipulates a preference for resolution through customary means at the village level.