Open access Journal
The Tradition of Ndarohi: Diversity of Punishments, Settlement of Fights in the Kute Pasekh Pekhmate Community from the Perspective of Islamic Criminal Law
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum · Vol. 14 No. 1 (2025) · pp. 162–182
- ISSN
- 2579-5104, 2088-8813
- Published
- 2025-06-30
- Publisher
- Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry Banda Aceh
- Language
- eng
Abstract
This study analyzes the Ndarohi custom as a customary sanction imposed on the perpetrators of a fight. The Ndarohi custom is a tradition that has been passed down from generation to generation in the Kute Pasekh Pekhmate community, Lawe Alas District, Southeast Aceh Regency. The Kute Pasekh community believes that the Ndarohi custom is able to reunite the perpetrators of a fight as a family by imposing customary sanctions in the Ndarodi tradition. The focus of this study is how the traditional Kute Pasekh community maintains the Ndarohi custom in resolving fights amidst the strong current of modernization of criminal case resolution through litigation. The purpose of the study was to determine the practice of the Ndarohi custom in resolving fight cases, and to preserve the Ndarohi custom in the modern era. This study uses a qualitative descriptive method, data obtained through field interviews and literature. The results of the study show that sanctions for resolving disputes in fight cases are resolved according to the Ndrohi custom through a deliberation process. Then the party found guilty is charged with medical expenses for the victim and is given a sanction in the form of money and one goat, according to the decision from the results of the deliberation by Sakhak Bekhempat. Sanctions in the Ndarohi custom have various types according to the quality of the crime committed by the perpetrator. Fights that cause physical harm, not bleeding, are subject to the Nucupi custom sanction or the mbabe nakan sekhimah sope sekhanting sanction; all medical costs are borne by the perpetrator of the customary crime. While criminal acts of fighting that result in bleeding wounds are subject to the sanction of drawing error and a fine in accordance with the written customary provisions. The Kute Pasekh community still strongly adheres to the Ndarohi custom in resolving customary criminal disputes. In addition to being a hereditary tradition, it is also effective in uniting the relationship of the customary community to obtain eternal peace.
Keywords
Collaboration network of the authors
40 authors · 86 co-authorship links · 1 across different organisations · showing the 40 most connected
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- Universitas Ahmad Dahlan
- Yogyakarta State University
- Affiliation unknown
- Different organisations
- Same organisation
- Affiliation unknown
- Thicker line = more joint articles · bigger circle = more articles
Show as table
| Co-author | Organisation | Joint articles |
|---|---|---|
| Abd. Wahid | Affiliation unknown | 2 |
| Maizuddin Maizuddin | Affiliation unknown | 2 |
| HERMAN HERMAN | Universitas Ahmad Dahlan | 1 |
| Wahyu Lestari | Yogyakarta State University | 1 |
| Fidia Akmal | Affiliation unknown | 1 |
| Citra Winarni Siahaan | Affiliation unknown | 1 |
| Adiwirman Adiwirman | Affiliation unknown | 1 |
| Adeel Abdulkarim Fadhl Altuhaish | Affiliation unknown | 1 |
| Dewi Indriyani Roslim | Affiliation unknown | 1 |
| Nurdin Bakry | Affiliation unknown | 1 |
| Safria Andy | Affiliation unknown | 1 |
| Muhammad Habibi MZ | Affiliation unknown | 1 |
| Ruqiah Ganda Putri Panjaitan | Affiliation unknown | 1 |
| Titin Titin | Affiliation unknown | 1 |
| Siska Kumala Sari | Affiliation unknown | 1 |
| Rahmi Syahriza | Affiliation unknown | 1 |
| Mairani Adelia | Affiliation unknown | 1 |
| Aqwa Naser Daulay | Affiliation unknown | 1 |
| Syahlaa Maulana | Affiliation unknown | 1 |
| Maidalena Maidalena | Affiliation unknown | 1 |
| Ira Yanti | Affiliation unknown | 1 |
| Sri Ramadhani | Affiliation unknown | 1 |
| Kenanga Safitri | Affiliation unknown | 1 |
| Wahyu Syarvina | Affiliation unknown | 1 |
| Hendra Harmain | Affiliation unknown | 1 |
| Mira Handani | Affiliation unknown | 1 |
| Purnama Ramadani Silalahi | Affiliation unknown | 1 |
| Khadijah Nur Aini | Affiliation unknown | 1 |
| Muhammad Maulana | Affiliation unknown | 1 |
| Sumita Dewi | Affiliation unknown | 1 |
| Siti Maryam | Affiliation unknown | 1 |
| Fitriana Fitriana | Affiliation unknown | 1 |
| Rosmala Dewi | Affiliation unknown | 1 |
| izzatul jannah | Affiliation unknown | 1 |
| Syahrizal Abbas | Affiliation unknown | 1 |
Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.