Strengthening Aceh's Customary Courts For Enforcement Of Civil Procedure Law In Indonesia

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Hazar Kusmayanti , Dede Kania , Dewi Mayaningsih , Muh.Risnain , Galuh Puspaningrum , Akhmad Solihin , Madiha Dzakiyyah Chairunnisa

Abstract

The people of Aceh believe that order and peace in society can be maintained by maintaining customs. In realizing the enforcement of customary law in dealing with various cases and disputes in the community at the Gampong and Mukim levels, the government through Article 6 of Law Number 44 of 1999 and Article 98 of Law Number 11 of 2006, has provided reinforcement for the existence of customary institutions. in Aceh. However, in the practice of customary justice held by customary elders, there are often several obstacles, this time the researcher wants to examine these obstacles and how to solve them so that the customary justice process runs smoothly.


The research method used is a normative juridical approach with descriptive analytical research specifications. The data analysis method used is qualitative juridical analysis.


Based on the research results, there are obstacles to customary courts in Aceh, namely in their implementation experience several obstacles, namely parties who are dissatisfied with the customary court's decision to re-submit their cases to the district court, some customary judges have bad faith, distrust of customary decisions. Therefore, it is necessary to revise the Law on Judicial Power, regenerate customary judges, provide legal education to customary judges


 

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