PENERAPAN MEDIASI PENAL DALAM PENYELESAIAN TINDAK PIDANA PERKELAHIAN MENURUT HUKUM ADAT KAMPAR
ABSTRACT: The republic of
Indonesia is a state law, in view of life based on Pancasila as a philosophy of
the country. Indonesia is a state of the republic with the constitution of 1945
asa legal basis. Of the republic of Indonesia consists of various tribes, so
make the nation ofIndonesia has a variety of language, culture, rase, and
customs. The cultural values is themost high and most abstract of customs.
That’s because the values of that culture is theconcepts of what life in the
mind, most of the citizens of something the public about what they consider
valuable, precious and most impirtant in life, so it can serve as a guideline
that givesdirection and orientation to the life of the people. In addition to
the national law, in the middle of the public is growing and developing a
system of law, which comes from an existing habit in the community are down
from generation to generation. The habit of this is whatevolved into a
provision called the customary law. In Indonesian positive law, criminal cases
here to be resolvedin court. However, inspecial cases these can be solved.
Outside court for example is penal mediation, asalternative solution in
costumary law in Kanagarian Kuok. Completion of the criminal casethrough a
process outside the court today increasingly frequent and can be accepted by
the public because it is felt more able to reach a sense of justice although
legal experts view that mediation can only be implemented in a civil case is
not to resolve the criminal case becausein principle criminal case can not be
resolved through process aoutside the court. In the of completion fighting
criminal case is still adhering mediation that using kinshipby deliberation for
reaching dicision based on customary law that condicted byintermediation
pemangku adat. With the criminal offense of mediation in the settlement of a fight
in Kenagarian Kuok, then eliminated criminal sanction against him because
people in Kenagarian Kuok more respect customary law and if a criminal case has
been resolved through customary law in the national criminal law is not used
anymore.
Penulis: Ismi Anandita
Kode Jurnal: jphukumdd160420
