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Acehnese Customary Justice: Resolving Disputes Through Traditional Mediation and Courts
Justice, clarity, and advantages for all parties are the goals of the Aceh Traditional Court in Aceh, Indonesia. This is in line with the Utility hypothesis, which highlights the role that legislation plays in establishing happiness and fostering order. These legal goals may be the basis for judgments made by the Acehnese Customary Court, and the Village Head, or Keuchik, serves as a mediator to help parties come to a settlement. The Aceh Qanun No. 9 of 2008 governs the court, which has the authority to settle a variety of conflicts, including those involving property rights, families, and domestic relationships. The Gampong/Village Institution Judicial Administration and the Mukim Institution are the two organizations that make up the Acehnese customary court. Keuchik, Gampong Secretary, Peutua Jurong, Imeum Meunasah, Tuha Peut, Ulama, and other traditional leaders are in charge of administering customary justice. An approach to normative juridical research that emphasizes trust-building and dispute resolution between parties is the Acehnese customary court.
Customary courts are used by Acehnese Traditional Justice to settle civil and criminal cases. The Keuchik and other community members serve as mediators during the mediation and negotiation phases of the process. The woman or wife of the Keuchik often takes care of delicate cases. The Keuchik Secretary invites both parties to a hearing if a resolution is achieved amicably. Trials are conducted in public, and the parties have complete discretion over the terms and decision of any settlement. After reading the peace resolution, the Keuchik carries it out through a peace ritual. Depending on the offence, sanctions could be applied. The community is in favour of the Acehnese Customary Court because of its affordability, familial environment, ease of use, and adherence to regional legal customs. Decisions are made by imposing minor penalties, such as being kicked out of the village. Because it is an easy, quick, and inexpensive process, rural communities frequently choose to settle conflicts before the Acehnese Customary Court, which applies a variety of concepts.
- The Acehnese Customary Court provides a quick, easy, and inexpensive way to resolve disputes, making it popular in rural areas.
- The court integrates Islamic principles and local traditions, promoting justice, clarity, and benefits for all parties involved.
- Village leaders, including the Keuchik, play a crucial role as mediators, emphasizing trust-building and community involvement in the resolution process.
