Verdict: Journal of Law Science
Vol. 5 No. 1 (2026): Verdict: Journal of Law Science

Kedudukan Sanksi Adat Gampong di Aceh dalam Sistem Hukum Pidana Indonesia

Muhammad Makin (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Bengkulu, Kota Bengkulu 38371, Indonesia)
Aditya Nanda Arrafif (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Bengkulu, Kota Bengkulu 38371, Indonesia)
Maulana Sena Al Jabbar (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Bengkulu, Kota Bengkulu 38371, Indonesia)
Muhammad Rizky Ramadhan (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Bengkulu, Kota Bengkulu 38371, Indonesia)



Article Info

Publish Date
07 Feb 2026

Abstract

This study aims to analyze the position of gampong customary sanctions in Aceh within the national criminal law system and their influence on the process of criminal liability. The method used is normative legal research with a statutory approach and a conceptual approach. The results of the study indicate that gampong customary sanctions obtain constitutional legitimacy through Article 18B paragraph (2) of the 1945 Constitution, as well as juridical reinforcement through Law Number 11 of 2006 concerning the Government of Aceh and various related qanun. From the perspective of the national legal system, customary sanctions are part of legal pluralism that is complementary and subordinate to national criminal law. In practice, the resolution of cases through gampong customary mechanisms prioritizes the principles of deliberation and restorative justice, which are oriented toward restoring social relations among perpetrators, victims, and the community. This resolution is generally applied to minor criminal offenses of a social-communal nature. Under certain conditions, customary settlement can influence the formal law enforcement process, including serving as a consideration for law enforcement officials to terminate cases based on a restorative justice approach. However, customary sanctions cannot eliminate criminal liability in cases of serious crimes, as they remain subject to the principle of legality, the supremacy of national law, and the protection of human rights. Thus, the existence of gampong customary sanctions reflects the integration between state law and the living law within society, which enriches the national criminal law system. However, its implementation still requires normative limitations in order to avoid disharmony and legal uncertainty.

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Journal Info

Abbrev

vjlaws

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Verdict: Journal of Law Science (E-ISSN: 2985-3680) is an open-access, anonymous peer-reviewed journal published by CV Wahana Publikasi. This journal publishes articles on all aspects of law, covering international, national, and local levels. It aims to provide a platform for researchers, ...