RESOLUTION OF IMMORAL VIOLATIONS BY NON-DOMICILED RESIDENTS IN GAYO CUSTOMARY LAW: A Socio-Legal Study in the Village of Hakim Bale Bujang

Abstrak

This study examines the views, mechanisms, values, and limits of customary law authority in resolving immoral acts by non-domiciled residents in Kampung Hakim Bale Bujang, Central Aceh. The presence of non-domiciled residents in the tourism area has caused friction with the moral norms of the indigenous people of Gayo. Through an empirical-sociological legal approach and interviews with customary officials, this study found that immoral acts are seen as a gross ethical violation (sumang) that damages the balance of society. In this study, immoral acts include acts ranging from khalwat to other serious offenses. The settlement mechanism is carried out in stages through the Customary Court by Sarak Opat elements, with sanctions ranging from customary fines to permanent expulsion (Jeret Naru). Critically, this research examines claims of restorative justice and finds a dual application: the resolution of minor offenses (khalwat) uses a remedial approach, but serious offenses shift to a strict sanction approach (expulsion) to separate the perpetrator from the community order. In addition, customary courts act as a sociological filter through the expansion of discretion, even though Article 13 of the Aceh Qanun Number 9 of 2008 basically outlines the priority of settlement in only 18 specific types of cases. In conclusion, Gayo customary law strictly enforces territorial rules to protect the community. Follow-up research needs to involve the viewpoints of non-domiciled residents and state authorities. The village government is encouraged to formulate a written Reusam for the sake of legal certainty.

Kata kunci

• Gayo Customary Law
• Non-Domicile Residents
• Customary Courts
• Legal Pluralism
• Immoral Actions.