EKSISTENSI PERADILAN ADAT DALAM MENYELESAIKAN KASUS PIDANA DI KECAMATAN KINALI KABUPATEN PASAMAN BARAT

Abstract

Customary justices justice system that is born, develops, and practices of indigenous
communities in Indonesia. Customary Justice in Minangkabau performed by Karapatan Adat
Nagari (KAN) orb judicial ninik mamak. KAN resolve disputes pusako and customs offenses.
Violation of the customs offenses usually done by the judiciary in mamak ninik level. Problems
raised in this study were: (1) How does the existence of customary justice Kinali District of West
Pasaman, as well as criminal case sureties by court level customary ninik mamak kapungin
District Kinali. This study is a descriptive analysis. The approach used in this study’s asociallegal
research. Research was conducted in the District Kinalim Pasaman Barat. Data were
collected through in terviews with KAN functionaries and community leaders in District Kinali.
The author conducted study document to collect documents related to the case study. Data were
analyzed qualitatively. The results showed: KAN in the district assemblies Kinali have
Customary Court, but the case of the Judicial Council resolved at Anatoly civil cases, while
criminal casters solved at the village level Ninik Mamak. Case settled indigo no us of fence ninik
mamak village level are: theft, fights, gambling, and adultery.
Keywords: Existence, Justice, Indigenous, Criminal