PENERAPAN PIDANA DENDA TERHADAP TINDAK PIDANA ZINA MENURUT HUKUM PIDANA ADAT MINANGKABAU

Abstract

The amercement is the oldest punishments that applied as a sanctions where the application still exists on the traditional laws of society, one of there can be found in traditional law in Minangkabau especially adultery. Issues in the study, are (1) Application of the Amercement for adultery in Traditional Law Minangkabau in Nagari Tabek Panjang (2) The obstacles for Minangkabau Traditional Leaders to applicate the amercement as a sanctions in Minangkabau Traditional Law, in Nagari Tabek panjang. The study was done by sociolegal. Data was collected from primary data ( interviews ) and secondary data ( documents study ) and then data were analyzed qualitatively. The conclusion of the study are (1) The application of amercement is done after the adultary person guest the peoples and apologized to the peoples and Minangkabau Traditional Leaders (2) The obstacles to applicate the amercement as a sanctions in Minangkabau Traditional Law are   lack of knowledge about the Tradition by Uncle and Nephew there are “ Janji binaso mungkia, titian binaso lapuak.”

 Keywords: Amercement, Adat, Minangkabau, Adultary