Adat Court Judge: Tradition and Practice of Dispute Resolution Between Societies in Aceh

Abstract

The dispute’s settlement between communities by utilizing adat courts is believed to have opened access for the society to obtain legal certainty and justice, especially for villagers. The existence of customary judiciary is viewed closely with people who have limited access, both financially, distance and understanding to reach the state court. Adat court has become a major player in Aceh, other than becouse the existence of a formal recognition of its existence through Qanun Aceh Number 9 of 2008 on the Development of Indigenous Life and Customs, it also influenced by village judges who are perceived as having the capability to present solutions for disputing communities. This study performs literature review as well as field studies by conducting direct observation of the dispute resolution practices undertaken by village judges and interviewing actors who play a role in dispute settlement in the community. Field studies were conducted in the northern part of Aceh, including Lhokseumawe, North Aceh and Bireuen district. This article uses a socio-legal study’s approach which aimed to discuss the involvement and role of village judges in resolving disputes in the community. This article also discusses the factors that affect the community's acceptance of adat court decisions This study finds that there is a strong interaction between the village judges and the community. Their knowledge, experience and the charismatic factor of the judge contributed to the added value of becoming a reference point for the community. Although still in limited numbers, the existence of female judge has contributed to open the access of justice for women. This study will contribute to the development of law and community dispute resolution’s model with the efficiency of law enforcement budgets in Indonesia.

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Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.77, 2018
74
Adat Court Judge: Tradition and Practice of Dispute Resolution
Between Societies in Aceh
Nanda Amalia
1
,
Mukhlis
2
& Yusrizal
3
1, 2 & 3
Faculty of Law, Universitas Malikussaleh, Aceh – Indonesia
Komplek Kampus Bukit Indah, Jawa Street No. 1, Paloh – Lhokseumawe, Aceh
* E-mail of the corresponding author: nanda.amalia@unimal.ac.id
Abstract
The dispute’s settlement between communities by utilizing adat courts is believed to have opened access for the
society to obtain legal certainty and justice, especially for villagers. The existence of customary judiciary is
viewed closely with people who have limited access, both financially, distance and understanding to reach the
state court. Adat court has become a major player in Aceh, other than becouse the existence of a formal
recognition of its existence through Qanun Aceh Number 9 of 2008 on the Development of Indigenous Life and
Customs, it also influenced by village judges who are perceived as having the capability to present solutions for
disputing communities. This study performs literature review as well as field studies by conducting direct
observation of the dispute resolution practices undertaken by village judges and interviewing actors who play a
role in dispute settlement in the community. Field studies were conducted in the northern part of Aceh, including
Lhokseumawe, North Aceh and Bireuen district. This article uses a socio-legal study’s approach which aimed to
discuss the involvement and role of village judges in resolving disputes in the community. This article also
discusses the factors that affect the community's acceptance of adat court decisions This study finds that there is
a strong interaction between the village judges and the community. Their knowledge, experience and the
charismatic factor of the judge contributed to the added value of becoming a reference point for the community.
Although still in limited numbers, the existence of female judge has contributed to open the access of justice for
women. This study will contribute to the development of law and community dispute resolution’s model with the
efficiency of law enforcement budgets in Indonesia.
Keywords: Dispute Settlement’s Prctice, Adat Court, Judge, Aceh.
1. Introduction
To realize Indonesia as a state of law is through the fulfillment of access to justice. Justice is a basic human right
consistent with the principle of equality before the law. Everyone has the right to recover for the violation of the
rights they suffer, while the state has an obligation to ensure the fulfillment of those rights. In BAPPENAS’
note
1
, the focus on justice is progressing. However, it initially emphasized only on the efforts to provide legal aid
for the poor, then developed into a pooling of interests from stakeholders who play a role in providing access to
justice for the poor. These parties are comprised of various relevant state institutions, such as prosecutors, courts,
ombudsman, ministries of public services and community institutions that play roles in community
empowerment. The next development is on the steps that support ongoing reforms to achieve even greater goals,
namely the revamping of the legal system to achieve the ideal state of law.
The idea of this study, comes from the reality of law enforcement in Indonesia which still face many challenges.
The Blueprint for Judicial Update of 2010-2035 has identified several common issues related to a) the vision,
mission and organization of the judiciary, b) the implementation of technical functions, c) the efforts to improve
the leadership qualities of the judiciary and d) the efforts to improve the credibility and transparency of the
judiciary (Supreme Court, 2010). Based on the evaluation conducted by the Supreme Court of the Republic of
Indonesia (MA) in 2008, it is known that the success of the program and achievements obtained by the Supreme
Court was only 30%. Organizational Diagnostic Assessment (ODA) in 2009 assessed the performance of the
judiciary continues to be highlighted by various parties, including the court process information that is not
transparent, high litigation costs, difficult access for the poor and marginalized groups, and the long process of
settling cases. Discourses related to the protection of human rights and corrupt practices by the judiciary
apparatus would be an additional assessment of the performance of the judiciary.
1
Kelompok Kerja Akses terhadap Keadilan, Strategi Nasional Akses Terhadap Keadilan (Jakarta: Kementerian Negara Perencanaan
Pembangunan Nasional/BAPPENAS, 2009)

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ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.77, 2018
75
Another research conducted by The World Bank on the Access to Justice Working Group
1
shows data that the
largest perpetrator of dispute settlement in the poor is village government with a percentage of 42%, adat leaders
(35%) and police (27%). This data indicates that the poor prefer to settle their case in the customary court rather
than go through state law. Taking into account such data and its relevance to state policy, through literature
search activities, it is apparent that the government have not specifically discussed the procedural procedures that
encourage the efficiency of law enforcement budgets, amidst the budget savings and efficiency issues in
Indonesia, including budget in handling cases in law enforcement agencies like in the police, prosecutors and
courts. The emerging cost savings and efficiency issues are still limited to savings through employee moratorium
and procurement of supporting infrastructure facilities, although the issues related to the increased number of
cases that must be handled ranging from the police to the prosecutor's office and courts are also increasing from
year to year. In the process of handling cases, it takes the budget allocated from the State Revenue Budget, from
the investigation stage in the police, followed by the prosecution phase in the prosecutor's office, to the court
proceedings, plus the possible allocation of fees for legal aid process as well as guidance in prisons.
Therefore, the existence of adat court has a positive potential, more problems in the form of minor violations, for
example can be resolved by the community without having to go to law enforcement bodies and the state court.
The existence of customary justice not only ease the duty of the court and reduce the accumulation of cases, it
also helps people access and the protection of their rights. Thus, the existence of Indonesia as a law-state can be
realized, the legal objective to fulfill the sense of justice can be fulfilled, citizens have access to the services of
justice, and the concept of justice with restorative justice approach can be established. Using a socio-legal
approach, this study focused on Lhokseumawe, North of Aceh and Bireuen regency - their communities’s
choices in making use of customary justice. The dispute settlement by customary court has demonstrated an
effort to strengthen the existence of Aceh's specificity as well as the revitalization of customary law and
customary law, it also presents the perspective of litigants who are pessimistic about decisions established in
customary level and then decide to bring the case to the formal justice institution.
2. Related Previous Study
The study on customary justice in various contexts have demonstrated the importance of community dispute
resolution practices in a peaceful way. Some previous writings that can be traced, such as Abdurrahman,
2
Hedar
Laudjeng.
3
Yance Arizona,
4
Working Group on Access to Justice
5
(2009), Rikardo Simarmata,
6
Ahmadi Hasan,
7
Edy Sanjaya,
8
Herlambang Perdana Wiratraman,
9
Tody Sasmita Jiwa Utama & Sandra Dini Febry Aristya,
10
and
1
Kelompok Kerja Akses terhadap Keadilan., Ibid., p. 27
2
Abdurrahman, Penyelesaian Sengketa Melalui Pendekatan Adat, Qanun Jurnal Ilmu Hukum No. 50 (April, 2010)
3
Hedar Laudjeng, Mempertimbangkan Peradilan Adat. Seri Pengembangan Wacana No. 4 – Penerbit Perkumpulan untuk Pembaharuan
Hukum Berbasis Masyarakat dan Ekologis (HuMa), (Jakarta: The Ford Foundation & Interchurch Organization for Development
Co-operation (ICCO), 2003).
4
Yance Arizona, Kedudukan Peradilan Adat dalam Sistem Hukum Nasional, Paper presented at Diskusi tentang memperkuat Peradilan Adat
di Kalimantan tengah untuk Penguatan Akses terhadap Keadilan, Selasa 11 Juni 2013, Available from: http://huma.or.id/
(Accessed 21
st
April 2016).
5
Kelompok Kerja Akses terhadap Keadilan, Strategi Nasional Akses Terhadap Keadilan. (Jakarta: Kementerian Negara Perencanaan
Pembangunan Nasional/BAPPENAS, 2009).
6
Rikardo Simarmata, Merumuskan Peradilan Adat dalam Sistem Peradilan Nas ional, Paper presented at Seminar “Merumuskan Kedudukan
Peradilan Adat dalam Sistem Peradilan Nasional”, organized by Perkumpulan HuMA and Mahkamah Agung Republik Indonesia,
Jakarta 10 Oktober 2013, Available from: http://huma.or.id/ (Accessed 21
st
April 2016).
7
Ahmadi Hasan, Penyelesaian Sengketa Melalui Upaya Non Litigasi Menurut Peraturan Perundang-undangan, Jurnal AL-BANJARI, Vo. 5,
No. 9, (Januari – Juni, 2007).
8
Edy Sanjaya, Hukum dan Putusan Adat dalam Praktek Peradilan Negara (Surabaya: Untag, 2010) Available from:
http://fakhukum.untagsmg.ac.id/ (Accessed 20
th
Pebruary 2017).
9
Herlambang Perdana Wiratraman, Laporan Akhir Tim Pengkajian Hukum Tentang Peluang Peradilan Adat dalam Menyelesaikan Sengketa
Antara Masyarakat Hukum Adat dengan Pihak Luar, (Jakarta: Pusat Penelitian dan Pengembangan Sistem Hukum Nasional –
BPHN, Kementerian Hukum dan Ham, Jakarta, 2013).
10
Tody Sasmita Jiwa Utama and Sandra Dini Febry Aristya, Kajian tentang Relevansi Peradilan Adat terhadap Sistem Peradilan Perdata
Indonesia, Mimbar Hukum, Volume 27, Nomor 1, (February 2015) 57 – 67.

Journal of Law, Policy and Globalization www.iiste.org
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Vol.77, 2018
76
Lilik Mulyadi,
1
have revealed the important positions of customary justice in present indigenous peoples, and its
existence is considered an alternative to justice provider in addition to the formal judiciary. Furthermore, there is
a review of customary court opportunities in resolving disputes between indigenous and tribal peoples.
2
The
issue of customary justice has also received special attention in the study of custom law enforcement as well as
the study of the fulfillment of access to justice for the community. This is a consequence of the view that
customary justice systems are perceived as being more capable of providing justice and more accessible to local
communities or communities, for various reasons both because of distance, language, process and cultural
factors.
3
The assessment carried out by Bappenas and UNDP in 2016 through the Strengthening Access to
Justice in Indonesia project shows that in Aceh, Central Kalimantan and Central Sulawesi, the existence of
informal or customary justice is still the main choice of the community, especially those living in rural areas, as a
means of settling various legal issues.
The existence of customary court is also considered relevant to the judicial system in Indonesia in both the civil
and criminal realms. The existence of formal justice for village communities is still difficult to reach, not only
because of access to the judiciary is far from the distant village community, but also because of the high costs
that must be incurred and the complexity of the administration of justice that must be fulfilled by the community.
The customary justice as part of the traditional rights of community is in fact still alive and utilized by
community. It is a sociological fact which unfortunately does not gain recognition in the legal politics of judicial
power. Tedy Sudrajat
4
(2010) specifically looks at the role of village peace judges as media to accommodate the
interests of their community in the quest for progressive law, while Trisno Rahardjo
5
(2010) presents case studies
on the customs of Banjar, Central Kalimantan, Aceh, Ambon, Lombok Utara and Flores (Eastern Nusa
Tenggara) which have explored various criminal mediation practices in the provisions of customary criminal law
in each region. This study found a similarity in the model of the implementation of mediation of criminal cases
by involving third parties. Legal settlement of these criminal cases can be the basis for a modern mediation
process, including criminal mediation that can be set forth in the legislation.
3. Method and Material
This research is qualitative research where data was obtained through bibliographical and field research by
employing socio-legal approaches. The bibliographical research had been done by consulting a number of books,
articles, journals, research reports, law and regulations. The empirical research was done by attending custom
dispute resolution and also interviewed village elderly, police and a number of litigants. After discussing the
practice on resolving dispute by using adat court in Aceh, this study also explorate the legal perspectives and the
awareness of Acehnese people living in city of Lhokseumawe, North of Aceh and Bireuen towards the
implementation of the customary court by presenting case studies to highlight factors affecting the
implementation of customary justice in Aceh.
4. Adat Court in Aceh
Eugen Ehrlich's once ever said, "the center of the gravity of legal development, not in legislation, nor in juristic
science, nor in judicial decision, but in society itself". Ehrlich expressed this view in the context of the existence
of law not merely as the normative product of the legislators. The law is believed to be born and grows from the
public's awareness of its own needs. Therefore, in the context of this study, the tradition of dispute resolution that
continues to be practiced by the people of Aceh is a form of public awareness of their needs in resolving disputes
that occur among the community.
1
Lilik Mulyadi, Hukum dan Putusan Adat dalam Peradilan Negara, Paper presented National Dialogue in collaboration between
Perkumpulan HuMa and Mahkamah Agung, Royal Kuningan, (10 Oktober 2013), Available from: http://huma.or.id/ (Accessed 21
st
April 2016).
2
Tim Pengkajian Hukum, Peluang Peradilan Adat dalam Menyelesaikan Sengketa antara Masyarakat Hukum Adat dengan Pihak Luar.
(Jakarta: Pusat Penelitian dan Pengembangan Sistem Hukum Nasional – BPHN).
3
Rikardo Simarmata, Op.cit
4
Tedy Sudrajat, Aspirasi Reformasi Hukum dan Penegakan Hukum Progresif Melalui Media Hakim Perdamaian Desa, Jurnal Dinamika
Hukum, Vol. 10, (3 September 2010).
5
Trisno Raharjo, Mediasi Pidana dalam Sistem Peradilan Pidana: Suatu Kajian Perbandingan dan Penerapannya di Indonesia. (Bogor:
Buku Litera, 2011)

Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.77, 2018
77
In particular, several accessible studies have demonstrated the importance of revitalizing the existence of
customary justice in Aceh. This can be demonstrated from the following studies, including series articles from
the first ICAIOS research project
1
who want to approach the adat term from a new perspective and analyze how
the position of adat institutions and customary traditions play a role in political development in the Aceh region
during the transformation period. The big question in this study is whether or not Aceh has experienced strong
customary revitalization as elsewhere in Indonesia since the new order and the decentralization process. In
particular, this ICAIOS research project examines the revitalization of customary justice in Aceh Besar written
by Laila
2
and studies on the revitalization of adat institutions in Nagan Raya, written by Zulkarnaini
3
Discourses
and roles of indigenous people in the revitalization of Gayo customs.
4
Ismail
5
specifies the existence of
customary court in Aceh as an alternative judiciary in the judicial system in Indonesia.
In the perspective of conflict resolution, Nurdin
6
states the importance of revitalizing local wisdom in Aceh in
the form of strengthening the role of culture in resolving community conflict in Aceh. Customs and cultural
approaches such as di'et, Sayam, suloh, peusijuk and peumat jaroe are dispute resolution models with strong
Islamic values and practices persist in society. The adat judiciary in Aceh is sociologically recognized by the
community, although judicially it is considered not to have a place as one of the state courts.
7
Nevertheless, the
Aceh Government itself is seen as progressive by codifying its enforcement by default in the form of regional
rules or in Aceh known as qanun. The existence of customary court is a manifestation of contribution to the
national legal system which positively brings good impacts to society.
It is believed that the granting of authority to the unit of indigenous and tribal peoples
like gampong and Mukim in Aceh is not only mandated by the provisions of Article 18 B (2) of the Act of 1945
alone, but in the context of Aceh, the existence of customary law and dispute resolution through the traditional
justice has a cultural significance – which in case is considered to run well, as the implementation of Islamic
law. In addition, it also has a formal meaning, as evidenced by the existence of state intervention and
responsibility by presenting various legal rules to realize the implementation of customary law. For example, the
existence of gampong formal juridical has gained explicitly setting, starting from the provisions of Article 3 (1)
and (2) and Article 6 of Law No. 44 of 1999. The existence of traditional institutions was reaffirmed in Article 98
of Act Number 11 Year 2006 concerning Aceh Government. In 2003, the Provincial Government of Nanggroe
Aceh Darussalam issued Qanun Number 4 of 2003 on Mukim Governance in the Province of Nanggroe Aceh
Darussalam which authorizes Mukim to decide and or establish law, maintain and develop customs, organize
customary peace, resolve and make customary justice decisions against customary disputes and violations,
giving legal force to certain things and other customary proofs and settling matters relating to customs and
customs.
In line with this, the existence of Qanun Number 5 of 2003 on Gampong Government in the Province of
Nanggroe Aceh Darussalam affirms that the duties and obligations of the Gampong Government are: to resolve
traditional disputes, to preserve and maintain the preservation of customs and customs, to maintain peace and
order and to prevent the emergence of acts of sin. In society, and together with Tuha Peut (the elderly) and
Imuem Meunasah (Islamic Scholar) being the judges of peace. In 2008, the Aceh Provincial Government issued
Qanun Aceh Number 9 of 2008 on the Development of Indigenous Life and Customs and Qanun Aceh Number
10 of 2008 on Customary Institutions. The Governor of Aceh also followed up by issuing the Regulation of
1
Lena Avonius and Sehat Ihsan Shadiqin (ed), Adat dalam Dinamika Politik Aceh (Banda Aceh, ARTI & ICAIOS, 2010).
2
N. Laila, “Revitalisasi Peradilan Adat di Aceh Besar” in Adat dalam Dinamika Politik Aceh. (Banda Aceh, ARTI & ICAIOS, 2010). 25 - 68
3
Zulkarnaini. “Revitalisasi Lembaga Adat di Nagan Raya” in Adat dalam Dinamika Politik Aceh. (Banda Aceh, ARTI & ICAIOS, 2010). 69
– 110.
4
Sehat Ihsan Shadiqin, “Wacana dan Peran Orang Adat dalam Revitalisasi Adat Gayo” in Adat dalam Dinamika Politik. (Banda Aceh, ARTI
& ICAIOS, 2010). 111 – 154.
5
Baddruzzaman Ismail, Peradilan Adat sebagai Peradilan Alternatif dalam Sistem Peradilan di Indonesia (Peradilan Adat di Aceh). Edisi
ke-2. (Banda Aceh: Majelis Adat Aceh, 2015)
6
Abidin Nurdin, “Revitalisasi Kearifan Lokal di Aceh: Peran Budaya dalam Menyelesaikan Konflik Masyarakat”, Journal Analisis, volume
XIII. Nomor 1 (Juni, 2013): 135 – 154.
7
Mahdi, “Eksistensi Peradilan Adat di Aceh”, Hunafa: Jurnal Studia Islamika, Vol. 8 No. 2 (Desember, 2011) 189 – 215.

Journal of Law, Policy and Globalization www.iiste.org
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Vol.77, 2018
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Governor of Aceh Number 60 Year 2013 on the Implementation of the Settlement of adat disputes. At the end of
2011, The Governor of Aceh, together with the Aceh Regional Police Chief and Chairman of the Aceh Adat
Council (MAA) signed a Joint Decree on the Implementation of Adat Courts in gampong and mukim or other
names in Aceh.
A kinship settlement is a key principle used by both community and customary institutions in resolving existing
disputes. When legal issues and events occur in the community, efforts are always pursued in a kinship manner
and prioritizing the principle of sincerity among disputants and the wider community. Aceh Adat Council
1
had
compiled the principles used by the community in dispute settlement: trust or trustworthiness, accountability or
responsibility, non-discrimination principle also known as the principle of equality before the law, quick, easy
and cheap, sincere and voluntary, harmony or peaceful settlement, consensus for consensus, openness to the
public, honesty and competence, respect for diversity, and the principle of presumption of innocence and justice.
The settlement of disputes with customary justice is regarded as a good and very noble deed, because customary
law is very closely related with Islamic law. The principles contained in Aceh's customary law are the teachings
of Islam, thus for the Acehnese people the adat settlement is not contrary to the Islamic religion they advocate
that promote peace. The practice of dispute settlement as conducted by the people of Aceh is also in accordance
with the principles of the Pancasila-based state, one of which the principle of dispute resolution by deliberation,
and judiciary is the last means.
2
Customary law does not recognize the distinction or division of laws into civil or
criminal law as distinguished in the context of formal law. Indigenous dispute resolution is conducted for all
forms of violation of customary law, both civil and criminal. Indigenous dispute resolution is based on the
doctrine of "solving" rather than "disconnect" doctrine. The settlement is done in a peaceful manner, so that the
disputing parties may in the future be able to continue living together again in peace. In other words, the process
is able to restore the state between them. The customary settlement is not looking for who is right and who is
wrong but strives to bring peace between the two parties and the restoration of disturbed balance. Determination
of right or wrong is not a primary goal, even if it is considered in the provision of certain obligations as a
sanction.
3
Article 13 of the Qanun Aceh No. 9 of 2008 on the Development of Indigenous mentions that there are 18
(eighteen) disputes that can be settled through customary justice. They are (1) The dispute in the household, (2)
Disputes between families associated with inheritance ( (3) disputes between citizens, (4) Seclusion/bawdy, (5)
Disputes about property rights, (6) theft in the family (mild theft), (7) Dispute of marital mutual property, (8)
light theft, (9) theft of livestock, (10) Customary violations of livestock, agriculture and forests (11) Disputes in
the sea, (12) Disputes in the market (13) Mild persecution, (14) Burning forest (on a small scale adversely
affecting indigenous communities) (15) Harassment, libel, defamation, (16) Environmental pollution (light
scale), (17) Threatening (depending on the type of threat), and (18) Other disputes that violate customs.
Article 13 paragraph 2 of the Qanun further confirms that the settlement of disputes and customs as mentioned
above is completed in phases. It is, as far as possible, the violations mentioned above should first resolved at the
level of gampong. In fact, Article 13 paragraph 3 of the Qanun reaffirms that law enforcement agencies provide
an opportunity for disputes to be resolved first by custom in the gampong. Settlement of disputes in the
indigenous level is not included in serious criminal offenses.
5. Adat Court Judges: Keeping the Tradition, Strengthening the Peace
The Acehnese believe that the order and peace within the community can be safeguarded by keeping the custom.
This can be demonstrated through the Narit Maja (wise words) which is inherited by the Acehnese that declared:
"Ta pageu lampoeh ngon kawat, ta pageu nanggroe ngon adat", meaning we secure the garden with wire, we
secure the land with custom. Therefore, in realizing the adat law enforcement in facing various cases and
1
Majelis Adat Aceh, Pedoman Peradilan Adat di Aceh: Untuk Peradilan Adat yang Adil dan Akuntabel, (Banda Aceh, MAA, 2013).
2
P.M. Hadjon, Perlindungan Hukum Bagi Rakyat Indonesia (Surabaya: Bina Ilmu, 1987) 90.
3
Abdurrahman, Penyelesaian Sengketa Melalui Pendekatan Adat, Qanun Jurnal Ilmu Hukum No. 50 (April 2010) 130.

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disputes that exist in the community at the level of gampong and mukim, the government through Article 6 of
Law Number 44 Year 1999 and Article 98 of Law Number 11 Year 2006 has provided reinforcement on the
existence of customary institutions in Aceh. Article 98 of Law Number 11 Year 2006 states that adat institutions
function and act as a vehicle for community participation in governance of Aceh and district / municipality
governments in the areas of security, peace, harmony, and public order.
In all three areas of the study, we noticed that the community already knew and understood that any disputes
could be resolved at the village level. This was shown in particular by the informants we encountered, who were
teenagers, adults, and the elderly. They understood that any disputes occurring among the citizens, especially on
the 18 (eighteen) cases that have been regulated in the Qanun, may be settled through customary institutions.
Some informants could even explain well the types of disputes that can be resolved through customary court
especially at the village level and how dispute resolution practices are conducted as well as the actors involved.
This understanding is influenced by several things such as, socialization conducted by the government which for
many people is considered quite comprehensive and reaches almost all levels of society and delivered in various
forms or media socialization. In Lhokseumawe, for example, the Municipal Government in cooperation with
Lhokseumawe Resort Police has been displaying socialization through large media billboards installed at several
central and strategic points so that they can be accessed directly by the community and become educational
media. This socialization is conducted continuously and followed by various strengthening activities for
gampong and mukim officials in implementing customary court.
Although assessed as ineffective, the strengthening efforts have also been carried out in the form of trainings
coordinated by the Aceh Adat Council at the district / municipal level on the administration of justice at the
village and mukim levels. This training activity refers to the Adat Justice Guidelines in Aceh published by the
Aceh Adat Council. Another thing that is not less significant is the confidence of the Acehnese - especially the
community at the village level, that the dispute resolution mechanism through customary court is more
affordable not only in terms of mileage but also in terms of costs to be prepared by the disputing parties, best
possible settlement. How do they believe? Each of the informants revealed in different expressions. For most of
the informants we interviewed, in particular community members of the adult and elderly groups, most of them
expressed in the form of statements and reflections on the importance of maintaining brotherhood and
relationship. The reference they use is the provisions in Islam that call for peace. In addition, Aceh's narit maja
were also presented to illustrate their belief in customary court mechanisms. Through interviews and FGD
activities, we listened to informants telling some of the following narratives: “adat ban adat, hukom ban hukum.
adat ngon hukom si judo dua tatkala meusapat adat ngon hukum Nanggroe senang hana goda "which means"
custom according to custom, law according to law, custom with the law are side by side; When adat agrees with
the law, (the) country is glad of no disturbance. Other narratives that are also frequently heard are related to how
to deal with disputes in the community and how the punishment should be imposed are as follows: “uleue beu
mate, ranteng bek patah”, which can be interpreted as "the snake must die, but the wooden branches for the
batter cannot be broken". Its meaning that to every dispute and also for the occurrence of the offense, then
regardless of the condition, the law must be enforced, in which case necessary then sanctions should be given.
However, it should be considered and taken into consideration, that the punishment of the community or the
disputing parties in particular should not create the disharmony of society.
In resolving the disputes submitted to the gampong apparatus, each apparatus observes the principles of dispute
resolution. MAA itself has compiled the principles that have been implemented by the gampong community in
resolving the disputes. The principles involved are principle of trust, the principle of accountability or
responsibility, the principle of non-discrimination, also known as the principle of equality before the law, the
principle of fast, easy and cheap, the principle of sincere and voluntary, the principle of harmony or peaceful
settlement, the principle of deliberation for agreed consensus, the principle of openness to the public, the
principle of honest and competence, the principle of respect for diversity, the principle of presumption of
innocence and justice principle.
Compared to other regions, Aceh with the support of regulatory institutions at the regional level and all its
privileges has a greater chance to continue to maintain the conservation effort on customary law and customary
court
1
. However, it cannot be denied that eventhough some people believe in this mechanism of this dispute
1
Badruzzaman Ismail., et.all, Eksistensi Peradilan Adat: Pengalaman Aceh, Kalimantan Tengah dan Sulawesi Tengah, (Jakarta:

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settlement, modernization with its negative effects also brings impacts that undermine such efforts. We found out
the new reality in society, that some people refuse to use customary court in the gampong as an initial attempt to
resolve their disputes. This refusal has occurred since the beginning of the dispute, or in the middle of the
process of settlement by the gampong, and partly in the final stages when they do not agree with the the decision
of customary court. This rejection mostly occurs among communities in urban areas, and partly in communities
in the gampong. The reality of this refusal was shown not to undermine customary justice practices but is
intended to show the facts that arise in the view of society related to customary judicial practice.
1
.
The court has an important position and role in legal reform. There is applicable adagium which menion often,
that the judge is considered to know about his law (ius curia novit) from the case submitted to him. It has been
regulated in Indonesian legal system, as regulate in the Law of Judicial Power. but withdraws some informants
who are customary judges also have a similar understanding, that he as a judge in the trials in the village also has
an obligation to be able to find a solution for the parties’s disputes and then can decide the case as fairly as
possible. For them, this process is interpreted as a learning process that should not stop. They themselves
consider each of the settlement cases to be handled in their learning process and become valuable lessons and
experiences to solve similar cases. This condition arises and is reinforced by the expectations posed by the
justice seeker community who trusts customary judges to settle and decide the case according to law and justice.
Another thing that is not less significant is the confidence of the Acehnese - especially the community at the
village level, that the dispute resolution mechanism through customary court is more affordable not only in terms
of mileage but also in terms of costs to be prepared by the disputing parties, best possible settlement. How do
they believe? Each of the informants revealed in different expressions. For most of the informants we
interviewed, in particular community members of the adult and elderly groups, most of them expressed in the
form of statements and reflections on the importance of maintaining brotherhood and relationship. The reference
they use is the provisions in Islam that call for peace. In addition, Aceh's narit maja were also presented to
illustrate their belief in customary court mechanisms. Through interviews and FGD activities, we listened to
informants telling some of the following narratives: “adat ban adat, hukom ban hukum. adat ngon hukom si judo
dua tatkala meusapat adat ngon hukum Nanggroe senang hana goda "which means" custom according to
custom, law according to law, custom with the law are side by side; When adat agrees with the law, (the) country
is glad of no disturbance. Other narratives that are also frequently heard are related to how to deal with disputes
in the community and how the punishment should be imposed are as follows: “uleue beu mate, ranteng bek
patah”, which can be interpreted as "the snake must die, but the wooden branches for the batter cannot be
broken". Its meaning that to every dispute and also for the occurrence of the offense, then regardless of the
condition, the law must be enforced, in which case necessary then sanctions should be given. However, it should
be considered and taken into consideration, that the punishment of the community or the disputing parties in
particular should not create the disharmony of society.
Based on focused interviews as well as observations on some of the disputes, we encountered different
realities. We encountered parties who consciously believe that customary settlement mechanisms are the best
mechanism, since the principles contained in the settlement are very close to the community. The acceptance of
adat judicial decisions is based on people's beliefs, especially the litigants on the profile of Geuchik, Tuha Peut
or Imam Gampong who are considered to be charismatic and able to be actively involved and able to provide the
best solution for the litigants. Most of those who accept adat judicial decisions are mostly communities in the
settlement area where the kinship system is still very strongly held. The village elders as well as customary
judges are regarded as their own parents, so it is rare to see any rejection of traditional customary justice
decisions. Other factors that also affect this acceptance are related to the type of case. If the disputes are still in
the family level, such as fights among family members, inheritance and the like, the parties tend to choose to
bring the settlement to the customary court.
The study also found that there is a rejection of customary justice or the existence of customary judiciary with
various assumptions and stages. The community rejects the existence of customary court because it is deemed
Kementerian PPN/Bappernas, Norwegian Embassy and UNDP, 2016)
1
Nanda Amalia., et., all. Trust, Legal Awareneess & Indigenous: A Study of Customary Justice System in Aceh, International Conference on
Law, Economic and Social 2017 Proceeding, (Surabaya: 2017)

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not to provide legal certainty over its decision. This condition is indicated by a variety of cases that have been
resolved customarily, but if either party feels unfavorable for the decision being made, the party will still file it to
the state court. Customary justice is considered by some non-judicial people, but only limited to the settlement of
disputes by applying customary law as a living and growing law in society. The legitimacy of the State Decision
in the form of a piece of paper with a judicial stamp is considered by the community to be much stronger than
the traditional village court decision.
Rejection by the parties can take place from the outset by choosing to file the case with the state judiciary, others
rejecting the stage of the dispute resolution process, and rejection also occurs in the final stages of the customary
court decision. To provide an overview of the implementation of customary justice, this study explored the
acceptance and rejection of the community in relation to the following cases: 1) Disputes in childcare rights, 2)
property ownership claims, and 3) joint property lawsuits. In the first case, a parenting dispute between the
biological father (Petitioner) and Grandma & Grandpa of the Child from the Parent Party (the Respondent), after
the death of the biological mother. This case occurred in Blang Naleung Mameh village in Lhokseumawe. We
obtained information related to this dispute from Safwani, the defendant's lawyer (interview, December 23,
2016). The applicant had previously registered a parenting application to the Syar'iyah Court but the big family
with the reinforcement of the lawyer requested to the disputing parties to revoke the case and resolve it first in
the family or at the village level. At the time of the dispute settlement process in the village, the customary
judges' panel led by the geuchik summoning both parties and giving the two parties a chance to convey the
problems that occurred. Whereas the petitioners had objected to the restrictions imposed by the parents of his
late wife to take care of the child himself.
In the case investigation, the villagers and the elderly also involved the Imam gampong (village islamic leader)
and the Petitioners' lawyers to hear their views related to legal aspects. Imam Gampong gave his views based on
the provisions of Islamic law and shari'a that are valid and believed by both parties as Muslims. There was no
refutation or rejection from both sides of the Imam Gampong’s views, nor is it when Geuchik asked for legal
considerations from the attorney based on the legal perspective of the state. Geuchik asked whether the case filed
in the Syar'iyah Court can be revoked and will not affect the decision to be taken by the gampong.
After the inspection and consultation process in the village, the parties agreed to make peace and the related
parties agreed to return the child to the care of his biological father with the agreement that the grandmother still
gets a great opportunity to visit and take care of the child. The Petitioners also agreed to withdraw their petition
and to stop any legal proceedings taking place. These parties' agreements set forth in the peace letter signed by
the parties and customary judges of the gampong, and witnesses.
This case is one example of a dispute in a simple dispute category, that is not too complicated and the acceptance
of the parties to the decision of the village is based on a sense of brotherhood among them and based on the
nature of Islamic law that is trusted by the community. The existence of imam gampong and lawyers in the
settlement of this dispute - how the references presented both in terms of religion and state law contribute to the
settlement of cases by the parties. This study specifically considers that the involvement of lawyers in customary
dispute resolution is interesting and has demonstrated strengthening of customary justice implementation by
legal actors.
In the second case - rights ownership dispute submitted to Lhokseumawe District Court by the first wife as
plaintiff and second wife as defendant. This case is interesting to be explored further for several reasons; Firstly,
the existing dispute is actually a dispute over the right of inheritance between the parties to the husband's estate.
Secondly, this dispute had been mediated at the village level but has not gotten the settlement and peace did not
take place between the two parties. Third, after the legal consultation provided by the plaintiff's lawyers, the case
is then submitted to the District Court with a Claim of Loss rather than filed with the Syar'iyah Court with an
inheritance lawsuit. This case was chosen intentionally because the authors considered the involvement of
lawyers in the handling of this case, on the one hand quite intense and able to direct the client but on the other
hand after the dispute was settled through mediation to the Court, the client became dissatisfied and left
disappointment even after 7 (Seven) years the dispute was reconciled. Consideration of using the service of a

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lawyer in solving the case is because the family believed that the lawyer has access to the court and understands
the legal process. Besides, the experience of settlement of the dispute over this case through customary court in
the village was considered to be convoluted and takes a long time but the decision is not in accordance with the
plaintiff's expectations. The filing of a case to the state court became an option by the plaintiff because the
plaintiff felt dissatisfied and there was no fulfillment to the sense of justice in the gampong court decision.
The third case is a dispute over the joint property lawsuit filed against the customary court and has been agreed
upon by both parties, but by the former husband, the case was filed to the Lhokseumawe Syar’iyah Court. The
gampong, based on deliberation and agreement of the parties, had issued a peace decision. It was known from
the peace letter that 1) the parties agreed on the distribution of joint property with the amount of each get a share
of IDR 75,000,000.- 2) the ex-wife was required to transfer the intended fund to the husband, because the wife
got the right to control over the joint property in the form of 1 (one) unit of the store house. 3) The term of
payment to the ex-husband was agreed for 3 (three) times. The dispute began to arise upon entering the third
payment term, in which the ex-wife did not transfer the fund due to the fund was used to finance the child's life
and school. This was done by the ex-wife deliberately considering the non-fulfillment of the provision of child
care both from marriage and post-divorce. The Court of Syar'iyah Lhoseumawe decided this case through the
verdict. 193/ Pdt.G /2013/ MS-Lsm, but in the consideration, the authors did not find any judge's consideration
of the dispute settlement that has been done by the gampong through customary court.
These rejections were confirmed by some resource persons, community and geuchik and village elders that we
interviewed. We also obtained information from the police and prosecutors and judges at the District Court and
the Syar'iyah Court. This condition poses a challenge for Aceh which optimistically and comprehensively has
legal institutions to apply customary justice as an alternative judicial system within the existing judicial
system. In the study of legal philosophy, the balance between the side of certainty, justice and expediency must
reflect the workings of law and law enforcement. Some aspects that affect the work of law and law enforcement
as mentioned above presumably become a separate record in viewing the implementation of customary court in
Aceh.
Chairman of Aceh Adat Council of Aceh Utara District (interview, May 14, 2015) views several reasons why
customary justice has not been able to run as desired. He confirms that it happens due to the lack of legal
guidance by the government. Legal guidance should be initiated from raising awareness in the community,
followed by efforts to provide an understanding of the urgency of dispute resolution through customary justice. It
is also possible to become a moral preaching by the government in the midst of increasing social problems
resulting from the effects of globalization. In the end, as awareness and ideology increase, people will become
convinced that the various problems that occur can be resolved through adat justice. The next challenge is that
the implementation of the customary court and the decisions issued by customary judges, as much as possible
bring justice and legal certainty to the litigants. As stated in the previous section, some Acehnese recognize the
existence of customary court, but some still refuse to utilize it optimally. Issues related to the lack of legal
certainty over traditional adat rulings in gampong, sometimes used by the litigants (usually victims) to benefit
more from the perpetrators.
In all the research sites, the study found that on some disputes, mostly in mild cases of abuse, the victim states
that he/she would be willing to settle the case between the two only if the offender is willing to provide
compensation costs that usually in a large amount that sometimes does not make sense. In the event that the
offender is unable to fulfill this payment, there is no doubt that the victim will immediately report the case to the
police. The police, although they will not reject reports and complaints, they will not necessarily accept this
complaint. In this case, the police will ask for clarification from the gampong and verify that the gampong party
has tried to reconcile and did not get a peace decision between the two, then the process of settlement will be
continued by the police. The police and even the prosecutors we interviewed deplore that kind of action. This
condition shows that much effort is needed to strengthen the implementation of customary justice in various
aspects.

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6. Conclusion
The existence of customary law and the enforcement of customary justice is one of the forms of legal pluralism
which in its interaction often shows the weak conditions of legal pluralism. Although given recognition of its
enforcement but its position is unequal and often not accommodated by the state judicial system. That efforts to
revitalize customary justice should not only be at the merits of the symbol of Aceh's privileges, but must also be
a holistic part of raising awareness in the community, as well as enhancing the capacity of the apparatus of
customary judges.
Customary law is a traditional, non-state, non-formal law even though it is recognized as a living law in a society
especially those who live in the rural area. Customary justice has a positive potential in the midst of a growing
number of problems in the form of minor violations that can be resolved by the people without having to go to
law enforcement bodies and the courts.The existence of customary justice not only eases the burden of court
duties and reduces the accumulation of cases, but also helps citizens access protection for their rights. Customary
law that has been unified with Islamic Shari'a law in Aceh is considered still weak because its codification is still
not uniform. In addition, some gampong officials do not have adequate capacity to run the traditional legal
system well and many people do not trust custom/adat, as the effect of the swift flow of globalization.
7. Acknowledgement
The research for this paper could not have been completed without the financial support provided by Directorate
of Research and Community Service, Directorate General of Strengthening Research and Development, The
Ministry of Technology, Research and Higher Education, Republic of Indonesia.
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