PROSES PENYELESAIAN TINDAK PIDANA PERZINAAN SECARA ADAT DI JORONG KANDANG MELABUNG, KABUPATEN TANAH DATAR

Abstract

In Minangkabau society, adultery is regulated in the Nan Duopuluh Law. Violations of these provisions are punishable by fines, marriage, or exile according to custom. This research aims to analyze the mechanism for resolving the crime of adultery in Jorong Kandang Melabung and the role of niniak mamak in the resolution process.Problems raised in this research: (1) What is the mechanism for resolving adultery cases in Jorong Kandang Melabung, Tanah Datar Regency? (2) What is the role of niniak mamak in the process of resolving the crime of adultery in Jorong Kandang Melabung, Tanah Datar Regency? This research is sociological juridical. The data sources used are primary data and secondary data. Data collection techniques include interviews and document studies. Data was analyzed qualitatively. Based on the research results, it was concluded: (1) the resolution of adultery cases was carried out through traditional deliberations involving the niniak mamak, the perpetrator's family, and community leaders. The sanctions given can be in the form of customary fines, forced marriage, or even expulsion from the nagari, depending on the level of the violation committed. (2) Niniak mamak has a central role in resolving adultery cases by ensuring that every decision of the traditional deliberation remains based on the principle of "Adat Basandi Syarak, Syarak Basandi Kitabullah". Although customary law is still effective in maintaining social harmony, the challenges of modernization and development of national law are factors that need to be considered so that customary-based solutions remain relevant and accepted by the wider community