PROSES PENYELESAIAN TINDAK PIDANA PERZINAAN SECARA ADAT DI NAGARI DURIAN KAPEH DARUSSALAM KABUPATEN AGAM

Abstract

Minangkabau customary law categorizes adultery as a serious violation of moral norms as stipulated in the Law on Adultery. One adultery case that occurred in October 2024 was resolved through customary government mechanisms. The perpetrators of adultery were fined 100 sacks of cement, which was then used to repair public facilities. The research questions are: 1. What is the resolution mechanism for adultery cases in Nagari Durian Kapeh Darussalam, Agam Regency? 2. What are the customary criminal penalties for perpetrators of adultery in Nagari Durian Kapeh Darussalam, Agam Regency? This research is a sociological juridical study. Primary data was collected through interviews with niniak mamak (elders), village heads (wali nagari), and village heads (wali jorong). Secondary data, in the form of documents on adultery cases from 2021 to 2025, was collected through document analysis. The collected data was analyzed qualitatively. The research findings indicate that: 1. The resolution of adultery cases is carried out through customary deliberation as the primary instrument. In handling adultery cases, various elements of customary leadership (niniak mamak) and the village government (Wali Nagari and Wali Jorong) are involved. The niniak mamak ensure that deliberation decisions
remain based on the customary principle of basandi syarak syarak basandi kitabullah, while remaining in line with positive law. 2. Sanctions are imposed in the form of fines and social sanctions, which are aimed at restoring family honor and providing a deterrent effect