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Dispute Resolution by Customary Functionaries in Riau Province
Ulfia Hasanah (a*) Hayatul Ismi (b) Rika Lestari (b) Rahmad Hendra(c) Meriza Elpha Darnia(d)

a)law faculty, Riau Univercity
Jalan Pattimura 9, Pekanbaru, Indonesia
ulfia.hasanah[at]lecturer.unri.ac.id


Abstract

As the community develops, the ratio of the number of cases that must be resolved by the court is increasingly out of proportion to the capacity and ability of the court to receive, examine and decide on the cases that enter. Cases handled by the Supreme Court in the period January to October 2016 were 16,012 cases. This number consists of the remaining cases in 2016 as many as 2,357 cases and cases received in that period as many as 13,655 cases. For indigenous peoples, disputes that have been settled have been resolved for a long time through consultation through adat institutions. In the community other than Positive Law there are also known Customary Laws which are followed by generations from generation to generation. This customary law is known as Customary Law. Indonesian traditional law is the embodiment of Indonesian culture. Customary law rests on the mindset of the Indonesian people which is not the same as the mind set in the western legal system or other legal systems. The existence of this customary law also has an influence on the existence of Settlement of disputes in the community based on customary law, the values of which are based on the view of life adopted by the community itself. In Rau Province there are indigenous people who still preserve the use of customary law, especially in relation to dispute resolution. These areas include the Indigenous people of Kampar, Siak, Bengkalis. This type of research will be used is sociological legal research, namely empirical studies to find theories about the process of occurrence and about the process of working of law in society based on applicable laws. From the results of the study it can be seen that there are areas that are still very strong in holding their customs, and there are also areas that are loose in using customary law, and tend to use positive law in dispute resolution. The types of disputes resolved through adat, almost all disputes, such as customary disputes and disputes in general such as land boundary issues, customary marital problems, fighting problems. Sociologically, adat institutions are recognized by the community and become a priority in managing and solving all problems in the community. Settlement through adat institutions is more effective, because an adat institution grows based on values that live in the community and have been recognized and adhered to for generations. In settling this dispute the pattern used by the community is a combination of mediation and arbitration patterns.

Keywords: Dispute resolution, Customary Functionary, Riau

Topic: Law and Local Wisdom

Link: https://ifory.id/abstract/ErTh8jF9YXu2

Conference: Riau Annual Meeting on Law and Social Sciences (RAMLAS 2019)

Plain Format | Corresponding Author (Ulfia Hasanah)

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