根据习惯法解决曼普拉县夫妻事务案件

E. Deliana, Muhammad A. Rauf
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引用次数: 0

摘要

习惯法是一种在土著社区代代相传的法律规则。与一般的法治一样,习惯法也有争议解决机制,其中之一是解决因丈夫或妻子不忠而发生在家庭中的争议。曼普拉区的社区仍然尊重和执行现有的习惯法,特别是那些管理家庭问题的习惯法。Penghulu和传统领袖也在解决社区中发生的不忠案件中发挥作用。然而,并不是所有的不忠案件都是通过习惯法解决的。本研究的目的是确定习惯法在解决Siak Sri Indrapura Regency的Mempura区不忠案件中发挥作用的程度,以及为什么不是所有人都愿意通过习惯法解决不忠案件。所使用的研究方法是社会学法律研究,即着眼于法治在社会中的实施。数据收集技术是通过采访传统领导人来进行的。从研究结果来看,作弊的一方会受到传统的罚款,即一只山羊,并举行仪式,以防止将来发生的增援。这种通过习惯法解决的方式存在一个弱点,即传统领导人的决定不具有约束力,因此其实施高度依赖于社区的遵守。本研究的局限是在西亚克县的曼普拉区。对这个问题的研究以前从未有人做过。
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SETTLEMENT OF HUSBAND-WIFE AFFAIRS CASE ACCORDING TO CUSTOMARY LAW IN MEMPURA DISTRICT, SIAK SRI INDRAPURA REGENCY
Customary law is a rule of law that has been passed down from generation to generation in an indigenous community. Like the rule of law in general, customary law also has a dispute resolution mechanism, one of which is the settlement of disputes that occur in the household due to infidelity committed by either husband or wife. The community in Mempura District still respects and implements existing customary law, especially those that regulate problems in the family. Penghulu and traditional leaders also play a role in resolving infidelity cases that occur in the community. However, not all infidelity cases are resolved through customary law. The purpose of this study was to determine the extent to which customary law plays a role in resolving infidelity cases in Mempura District, Siak Sri Indrapura Regency and why not all people are willing to resolve infidelity cases through customary law. The research method used is sociological legal research, which is looking at the implementation of the rule of law in society. Data collection techniques were conducted by interviewing traditional leaders. From the results of the study, it was found that the cheating party was given a traditional fine in the form of one goat and a ceremony was carried out as an effort to reject the reinforcements that would occur in the future. This settlement through customary law has a weakness, namely the decision of traditional leaders does not have binding power, so its implementation is highly dependent on community compliance. The limitation of this research is in the Mempura District, Siak Regency. Research on this matter has never been done before.
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