萨亚姆:在亚齐解决迫害刑事案件中实施习惯法

Yuni Roslaili, Muhammad Maulana, Dinni Maghfirah, Suparwany Suparwany
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摘要

在亚齐,习惯法而不是实在法被用来裁决某些刑事案件。在 Meureudu 地区多个村庄发生的迫害事件中,就采用了 Sayam 概念。本研究旨在确定 Sayam 概念中的补偿做法、使用该概念解决迫害和刑事冲突的有效性,以及印度尼西亚的调解概念与亚齐的 Sayam 调解概念之间是否存在差距。本研究采用了描述性规范分析法,并参考了法律多元主义,即采用社会实证方法考虑国家法、习惯法和宗教法之间的相互作用。研究结果发现,在 Sayam 概念中,报告迫害案件有两种程序:第一种是向村庄机构投诉案件,第二种是向警察局投诉案件。对受害者的技术补偿有四种方式:商议、习俗补偿、损失赔偿,其中损失赔偿是根据 "一蕉两分"(saboh pisang koh dua)的箴言共同承担的,最后一种是根据传统领袖的政策。亚齐的 "sayam "概念与印度尼西亚的 "调解 "概念之间的差距在于,在 "sayam "概念中,与一般习惯法一样,没有记录,而在 "sayam "概念中,决定有时是基于传统领袖的决定。
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Sayam: Implementing Customary Law in The Resolution of Persecution Criminal Cases in Aceh
Customary law has been used to decide certain criminal matters in Aceh instead of positive law. This was the case in the persecution incidents that occurred in various villages in the Meureudu region, where the idea of Sayam was employed. This study aimed to determine the practice of compensation in the concept of Sayam, the effectiveness of its use in resolving persecution and criminal conflicts, and whether there were any gaps between the concept of mediation in Indonesia and the concept of Sayam mediation in Aceh. This research used descriptive normative analysis and referred to legal pluralism, which considers the interplay of state, customary, and religious law using an empirical social approach. The results of this study found two types of procedures for reporting cases of persecution in the concept of Sayam: First, the complaint of the case was addressed to the village apparatus, and second, the complaint of the case was submitted to the police station. The technical compensation to the victim used four methods: deliberation, customary reusam, and losses, which were borne together based on the motto "saboh pisang koh dua" (one banana divided for two), and the last, based on the policy of traditional leaders. The gap between the concept of sayam in Aceh and the concept of mediation in Indonesia was that in the concept of sayam, as in general customary law, there was no recording, and in the concept of sayam, decisions were sometimes based on the decisions of traditional leaders. 
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