UANG TUTUP BABAH SEBAGAI PENYELESAIAN PERKARA DALAM MASYARAKAT GAYO
Abstract: Article 98 verse (1)
of the Act Number 11, 2006 regarding Aceh Governance states that customary law
has a function and a role as a media for participation in society in conducting
Aceh Governance in the province level and in the level of municipalities and
districts in terms of security, peace, tolerance and law awareness in society.
Verse (2) of the article also states that the settlement of social problems can
be solved by customary approach through customary institutions. There are four
types of crimes in Gayonese custom namely;Maas, Rujok, Died andBela. In fact,
there are many a settlement of dispute in the society done through
uangtutupbabah or hush money. The main problems of this research are (1) how is
the process of giving this kind of money? (2) How is the strength of the
decision of uangtutupbabah in solving the customary cases? (3) How is the
impact of the decision in settling the case through this process on the
society? This research aims to know the procedure of conducting the process,
the strength of the decision in settling the case and the impact of the
decision of settlement by the process of providing some money on the society.
This is descriptive analytical research which is describing or depicting the
implementation of the regulation in the context of legal theories and the
implementation in the society and the effort of describing the explanation
detailed, comprehensively and systematic of legal aspects in customary law.
This is empirical legal research that is applying the existing norms if it is
seen from the fact side. The sources of data are gathered from primary and
secondary data. The research shows that firstly, the procedure or the stages of
the implementation of providing money for shutting the mouth up in settling the
cases in the community is that started from the report regarding a case to the
third party (the party can be one of the village leaders or relatives that can
be trusted), then the third party calls the reported person and ask the
questions about the case followed by looking for the agreement of solving the
case, one of the ways is by providing the money. Secondly, the decision of the
process of the settlement by providing some money is obeyed by the people when
the case occurs then providing the money solves it and the community follows it
as it is inherited from their ancestors in the replacement of village leaders.
Thirdly, the money might have painful effect on the perpetrator and other
people due to the fact that it can be a shame; however the level of painful
effect is different for every perpetrator. Every offense occurred is reported
to the parents or the family of the criminals and it is necessary it is also
reported to Reje Kampung or the king of the village where the villain live
hence it might be having social sanction. It is recommended that Sarak Opat as
a customary institution and village governance institution may complete
facilities or the need of governance and the keeping of the documents, and in
the implementation of the court procedure of customary Sarak Opat should be
showing the ability and its honor before the society hence they will feel
protected to report their problems.
Penulis: Nurlaila, Mohd. Din,
Taqwaddin
Kode Jurnal: jphukumdd131175
