Legal Protection for Disputing Parties through the Aceh Customary Court
Bibliographic Data
| ID | 12966596 |
|---|---|
| Authors | Dahlia Farida (Muhammadiyah University of Yogyakarta, corresponding author), Hamid Sarong (Universitas Syiah Kuala), Darmawan Darmawan (0000-0002-2365-4475), Fitriah M Suud (0000-0002-7951-7349, Universitas Muhammadiyah Aceh) |
| Year | 2020 |
| Volume | 15 |
| Issue | 1 |
| Pages | 31-49 |
| Publication date | 2020-06-27 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | AL-IHKAM Jurnal Hukum & Pranata Sosial (JOURNAL) |
| Journal identifiers | ISSN: 1907-591X • E-ISSN: 2442-3084 |
| Publisher | State College of Islamic Studies Pamekasan (STAIN Pamekasan) (PUBLISHER • ID) |
| DOI | 10.19105/al-lhkam.v15i1.2250 |
| OpenAlex | W3040021871 |
| Language | EN |
| Citations received | 3 |
Article 13 paragraph (1) of the Aceh Qanun Number 9 of 2008 on the Development of Customary and Indigenous Life discussing customary disputes mentions that ideally, the customary court can solve customary disputes. However, sometimes, it can not solve all cases and provide legal protection for all disputing parties. This study aims to explain the process of resolving private disputes through the customary court and providing legal protection for the parties. This type of research was empirical juridical with qualitative analysis. The results showed that a dispute resolution process could be done through two models. First is through customary judicature using formalized procedures by involving customary instruments. Second is using positive law indicator by not providing legal protection for the parties. Certain parties will typically file a lawsuit again after getting the customary court's decision. This research suggests collaboration among the Government, the Police, and the Customary Assembly in consistently promoting the customary court and improving the quality of customary instruments
Business · Customary international law · Dispute resolution · Government (linguistics · International law · Lawsuit · Political science · Indonesian Legal and Regulatory Studies · Law · Legal and Policy Analysis in Indonesia · Legal Studies and Policies
Contextualization of the19th century Islamic law in Buton (a study on Sultan Muhammad Idrus Qaimuddin thought about mawaris)
Vigilantism among the Community in Aceh Against the Accused of Violating the Shariah Criminal Law
The Use of Maxims (al-Qawāʿid al-Uṣūliyyah wa al-Fiqhiyyah) in Legal Argumentation of Sharia Economic Court Decisions in Indonesia
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,5 |
| Citation span | 2020 - 2022 (3) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 3 |