PROSES PENYELESAIAN PERBUATAN ZINA MENURUT HUKUM ADAT MINANGKABAU DI NAGARI SUNGAI BATANG KABUPATEN AGAM

Authors

  • Fernanda Fernanda FH Bung Hatta
  • Rianda Seprasia, FH Bung Hatta

Keywords:

Process, Settlement, Customary Law, Adultery

Abstract

The process of resolving adultery according to customary law in Nagari Sungai Batang, Agam Regency is regulated in Nagari Sungai Batang Regulation No. 8 of 2003 concerning Community Diseases as in adultery cases that occurred. As in the case of AW, whose family had committed adultery with a girl, it was then tried by KAN, which was led by the Customary and Syara Judiciary Section. Formulation of the problem: 1) What is the process of resolving adultery according to Minangkabau Customary Law in Nagari Sungai Batang?, 2) What are the obstacles encountered in the process of resolving adultery according to Minangkabau Customary Law in Nagari Sungai Batang?. This type of research is sociological, primary and secondary data sources, data collection techniques through interviews, and document studies, the data were analyzed qualitatively. The results of research conducted with the Nagari Sungai Batang Adat Density: 1) The process of resolving adultery in Sungai Batang Nagari according to Minangkabau Customary Law, namely being tried by the Nagari Adat Density, led by the Customary and Syara' Courts Section, and then attended by both sides of the family and several witnesses. 2) The obstacles faced in the process of resolving adultery in Nagari Sungai Batang are the lack of a sense of community unity, the regulations that have been made have not been made into Nagari regulations, and are difficult to implement in implementation.

References

A. Buku-Buku

A. Djoko Sumaryanto, 2019, Hukum Pidana, Surabaya : UBHARA Press.

A. Muri Yusuf, 2017, Metode Penelitian Kuantitatif, Kualitatif, dan Penelitian Gabungan, Jakarta : Kencana

Hilman Hadikusuma, 1992, Pengantar Ilmu Hukum Adat Indonesia, Bandar Lampung : Cv Bandar Maju.

B. Peraturan Perundang-Undangan

Undang-Undang Republik Indonesia Nomor. 1 Tahun 1946 tentang Peraturan Hukum Pidana.

C. Sumber Lain

Gerald Liem Imanuel, 2013, Penerapan Hukum Pidana Adat. https://www.neliti.com

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Published

2023-09-01