Dispute Resolution Based on Law of Malay Customary by Adat Functionaries in Riau Province

DOI

10.2991/assehr.k.200529.263How to use a DOI?

Keywords

dispute resolution, customary institutionary functionary, Riau

Abstract

Alternative Dispute Resolution (ADR) is an effort to resolve disputes outside the court. Cases handled by the Indonesian Supreme Court in the period 2008 to 2018 there were 11,465 cases. Of these cases, criminal cases consisted of 4,7548 cases, civil cases had 6,864 cases, military had 572 cases, religion had 962 cases, state administration had 2,965 cases. Of the several cases, there are actually those that can be resolved outside the court, such as criminal and civil cases through adat institutions. For indigenous peoples, disputes have long been settled through adat institutions. The existence of customary law also has an influence on the existence of Settlement of disputes in the community based on customary law, the value of which is based on the view of life adopted by the community itself. In Riau Province there are indigenous peoples who still maintain the use of customary law, especially in relation to dispute resolution, such as Kampar, Siak, Bengkalis areas. This research is a sociological legal research, which is an empirical study to find theories about the process of occurrence and about the legal work process in society based on applicable law. From the results of the research it can be seen that disputes are resolved through customs, such as land boundary issues, customary marital problems, fighting problems. The authority of adat holders is as an intermediary in the resolution of disputes. In resolving these disputes, the pattern used by the community is a combination of mediation and arbitration.

Copyright

© 2020, 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/).

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TY  - CONF
AU  - Ulfia Hasanah
AU  - Hayatul Ismi
PY  - 2020
DA  - 2020/05/29
TI  - Dispute Resolution Based on Law of Malay Customary by Adat Functionaries in Riau Province
BT  - Proceedings of the Riau Annual Meeting on Law and Social Sciences (RAMLAS 2019)
PB  - Atlantis Press
SP  - 33
EP  - 40
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200529.263
DO  - 10.2991/assehr.k.200529.263
ID  - Hasanah2020
ER  -