PERAN STRATEGIS PERADILAN ADAT DI ACEH DALAM MEMBERIKAN KEADILAN BAGI PEREMPUAN DAN KAUM MARJINAL

This item is published by Universitas Islam Negeri Sunan Ampel Surabaya

Juniarti, Juniarti (2012) PERAN STRATEGIS PERADILAN ADAT DI ACEH DALAM MEMBERIKAN KEADILAN BAGI PEREMPUAN DAN KAUM MARJINAL. In: Conference Proceedings: Annual International Conference on Islamic Studies (AICIS) XII, 5 – 8 November 2012, Surabaya – Indonesia.

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Abstract

Birth of the customs rules wisdom of Aceh aims to govern the relationships within it, as well as in regulating social problem solving and conflict, namely: through the Indigenous Justice. However, unfortunately, the existence of customary courts in Aceh had ups and downs in the vortex of national and regional policies, Therefore, this study aims: first, to find some flaws in the traditional courts provide justice for women and the marginalized: the second, finding their customary justice in giving justice, and third, to formulate strategic steps to make custom justice able to provide justice for women and the marginalized. This study used a qualitative approach to data collection techniques are field observations in several districts in Aceh Province, interviews and literature study. The results show: first, the traditional disadvantages faced justice in Aceh, namely: the lack of recognition the country/ region of the existence, ranging reduced public confidence, and the tendency of society to another alternative legal remedy, secondly, opportunities of the customary courts in Aceh are large because of the support of the community, a strong cultural tradition of the virtues of Islam: the existence of regulatory support in the form of Law (Law No.11 of 2006 on the Governing of Aceh) and several other supporting qanun, and the half of government agencies, namely: Indigenous Assembly Aceh (MAA), and third, the strategic steps that can be applied to make the customary courts in Aceh to provide justice for women and the marginalized is a way to socialize customary justice, personnel and institutional capacity strengthening judicial custom, build inter-agency cooperation, and the commitment and seriousness of the government / local government in supporting indigenous justice in Aceh in the form of allocation of funds, facilities and supporting regulations primarily to provide justice for women and the marginalized.