ANALISA HUKUM TERHADAP PENYELESAIAN PERKARA PENGANIAYAAN MELALUI HUKUM ADAT TOLAKI (Suatu Studi Di Kecamatan Tinanggea Kabupaten Konawe Selatan)

Abstract

This study aims to: 1) To find out and understand the settlement of Tolaki customary institutions in resolving cases of abuse in Tinanggea District, South Konawe Regency. 2) To find out and understand the process of resolving customary crimes in the Tolaki tribe. 3) To find out and understand the obstacles faced in resolving cases through Tolaki customary law. In conducting research in relation to the object to be studied, the researcher chose the research location in Tinanggea District, South Konawe Regency. The data that has been obtained, both primary data and secondary data, is processed and analyzed based on the formulation of the problem that has been applied so that it is expected to obtain a clear picture of the conclusions or research results achieved. Then presented descriptively, namely explaining, describing, and describing according to the problems that are closely related to this study in order to provide a clear and directed understanding obtained from the results of the study later. The results of this study indicate that: 1) Customary institutions as a settlement of abuse cases through Tolaki customary law consist of 4 (four) levels, namely: a) At the level of small customary groups (RT / RK); b) At the level of the Village Customary group; c) At the District/Sub-District Customary Level; d) At the Kingdom Customary Level (Tolaki/Konawe). 2) The process of resolving customary crimes in the Tolaki tribe includes several types of criminal acts or customary violations that have been handled by the customary court or Tolaki tribal customary institution, such as: a) Criminal acts of adultery; b) Criminal acts of insult (against women and customary leaders); c) Criminal acts of assault; d) Criminal acts of fighting; e) Criminal acts of revealing community secrets; f) Criminal acts of murder; g) Pregnant outside of marriage; h) Running away with a woman. 3) The obstacles or barriers often faced by the Tolaki tribal customary court/customary institution in resolving criminal and civil cases are as follows: a) There is a postponement of the trial due to the absence of one of the disputing parties; b) Delays are also usually seen from the evidence (witnesses) presented to mitigate the perpetrator.