Restorative Justice in the Settlement of Cases Through Formal Traditional Institutions in the Gayo Community of Aceh Province
- DOI
- 10.2991/assehr.k.210506.019How to use a DOI?
- Keywords
- restorative justice, case settlement, formal customary institutions
- Abstract
One form of Aceh’s privileges is that it reinforces customary law and is formalized through regulation so that to occupy a position in a certain customary institution, they must have formal requirements and with these formal conditions, they do not necessarily understand customary law. This paper is intended to explain the efforts made by formal customary institutions, which have limited customary law capacity, in resolving cases so that the situation will recover (restorative justice). Data for this article were obtained through direct observation in the field of resolving cases handled by traditional institutions within the Gayo community known as Sarak Opat. The results of the study show that in dispute resolution, formal customary institutions always involve non-formal institutions that do not sit in formal adat institutions, because non-formal institutions have a better understanding of customary law than formal customary institutions. It is recommended that the regulations that have been drafted should consider the flexibility of customary law for the formal requirements of people sitting in the sarak opat institution as formal adat institutions.
- Copyright
- © 2021, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Mohd. Din AU - Darmawan PY - 2021 DA - 2021/05/08 TI - Restorative Justice in the Settlement of Cases Through Formal Traditional Institutions in the Gayo Community of Aceh Province BT - Proceedings of the 1st International Conference on Law and Human Rights 2020 (ICLHR 2020) PB - Atlantis Press SP - 130 EP - 138 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.210506.019 DO - 10.2991/assehr.k.210506.019 ID - Din2021 ER -