PENERAPAN PIDANA ADAT TERHADAP PELAKU TINDAK PIDANA PENCURIAN HEWAN TERNAK DI NAGARI SALIDO KABUPATEN PESISIR SELATAN

Abstract

Settlement of the crime of robbery of small livestock, in Nagari Salido the root of customary law, as in the case example (ES) with the sanction of being replaced by stolen livestock. The formulations of the problem are: (1) What is the process of resolving the Customary Offense against the perpetrators of robbery of cattle in Nagari Salido, Pesisir Selatan Regency? (2) What were the considerations of the traditional leaders in imposing customary crimes against the robbery of the people of Nagari Salido, Pesisir Selatan Regency? This type of research is a sociological juridical research. The data sources are primary data and secondary data. The collection was done by interview and document study. Data were analyzed using qualitative analysis. Conclusion (1) The process of settling the customary offense against the perpetrator of cattle robbery starts from summoning the victim, suspect and witnesses to conduct a trial. The trial was held at the perpetrator's parents' house and was attended by the perpetrators, victims, victim's mother, witnesses and traditional leaders. During the trial, the explanation was related to the perpetrator and the victim, followed by confirmation from the witnesses. Then the victim expressed his wish regarding the sanctions to be given. Based on the victim's request, a deliberation was held between the victim's mamak, the perpetrators and the customary gathering to regulate the sanctions to be given. (2) The main considerations for the traditional leaders in the sanctions are the sanctions given by the victim, the economic condition of the perpetrator, the reasons for committing the robbery, the object of robbery, and additional considerations are the personality of the perpetrator, the perpetrator is cooperative.