Jurnal Bina Mulia Hukum
Vol. 10 No. 2 (2026): Jurnal Bina Mulia Hukum Volume 10 Number 2 March 2026

Sarak Opat Considerations in the Application of Parak Customary Sanctions (Exile) Against Jarimah Khalwat Perpetrators

Suhartini Suhartini (Sekolah Tinggi Ilmu Hukum Muhammadiyah Takengon)
Achmad Surya (Faculty of Social and Political Sciences Universitas Gajah Putih)
Andrean Ramadhan (Sekolah Tinggi Ilmu Hukum Muhammadiyah Takengon)



Article Info

Publish Date
31 Mar 2026

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.

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Journal Info

Abbrev

JBMH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Jurnal Bina Mulia Hukum (JBMH) publishes peer-reviewed public and private law articles from scholars, policy makers, and legal practitioners. The majority parts of the journal focus on national related issues; other parts focus on comparative and transnational law issues, to stand on Indonesian ...