ALTERNATIVE DISPUTE RESOLUTION THROUGH CUSTOMARY TRIBUNAL IN THE CONTEXT OF LEGAL PLURALISM IN ACEHJournal: International Journal of Civil Engineering and Technology (IJCIET) (Vol.9, No. 1)
Publication Date: 2018-01-27
Authors : SRI WALNY RAHAYU;
Page : 472-483
Keywords : alternative dispute resolution; customary court; legal pluralism; Aceh.;
The purpose of this paper is to descriptively analyse the role and position of traditional justice as alternative dispute resolution in the pluralism of indigenous peoples of Aceh and also to analyse the legal pluralism in Aceh. The originality of this paper is to map and perform inventorying the different ethnicities of the legal pluralism in Aceh, as well as the alternative dispute resolution in the diversity of indigenous people in Aceh. Moreover, the results show that The status and role of traditional justice as an alternative dispute resolution mechanism has not been specifically regulated in a specific law. Customary judicial practices in Aceh as a form of formal legal institutionalization are regulated by the Law of 2006 on Acehnese government, Qanun of Aceh, and Governor Regulation No. 60 of 2013. The binding strength and the reception of decision of customary justice in Aceh is respected and obeyed, because the epistemology of traditional authority and legal authority embodied in legal products in Aceh is sourced from laws and regulations under Qanun. Indigenous justice leadership is characterized by charismatic authority as alternative dispute resolution in the context of legal pluralism in Aceh.
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