custom and law in Aceh

Indonesia Unique Cultures,

Aceh is one province in Indonesia, which upholds the traditions of her society. This can be seen with the functioning of the institutions still customary at village level or mukim. Although Law No. 5 of 1975 trying enghilangkan mukim function, the existence Imum Mukim in Aceh still recognized and running. Customary law in Aceh would still play a role in people's lives.

The Acehnese are very pleased to call itself by
Ureueng Aceh, there are traditional institutions in the village and mukim. This institution is also a government agency. Thus, every event in life, ureueng Aceh always solve the problem by custom prevailing in the society. Natural resource management were arranged in traditional institutions that have been formed.

Customary institutions referred to as Uteun Commander, Commander Laot, Keujruen Blang, Haria Week, Petua Sineubok. All these institutions play a role in their respective headings so that the management of natural resources in the village is maintained. For example, the Commander in charge of managing Laot all matters relating to the sea and its results. Surely all things related to sea regulated by the agency. So even with other agencies.

Customary institutions that now seem lost in the people of Aceh, because of the swift currents of globalization and westernization are trying to changed the civilization of the Acehnese. In fact, if traditional institutions are turned on at a village, the village will remain steadfast as his prime times of the sultanate of Aceh.

One example of public-powerful with the role of customary institutions as shown in Gampong Baro. Villages that were once located on the beach, but the tsunami swallowed their villages. Thanks to public confidence in the stakeholders-indigenous stakeholders in the village, Baro Village community now has a new township, which is in the foothills Durung village, Aceh Besar.

It never occurred unrest in society, for all kinds of events, to the distribution of aid was full of people believed to traditional institutions that have been formed. The value of deliberation within the highest role of indigenous peoples in decision making.

Other cases have occurred in 1979. When the village of Lam Pu'uk disagreement with Lhom Lam village. The case was complicated counted for bringing the name of the village, but the problem can be solved by custom by Imum Mukim. This is an evidence-powerful society that upholds the prevailing mores. They do not require the police to resolve the problem so that all kinds of problems can be resolved peacefully without exaggerated by outsiders.

If we see the law used by the state apparatus (police), always resulted in imprisonment and fines. Abuse of law by law enforcement officials were too often we hear. Let's say that when someone is mistaken not wearing a helmet on the highway. The man was immediately sentenced to a fine of up to Rp 50 thousand. This had happened several passing motorists on the road ahead NAD Regional Library. When a mistake is a law enforcement or relatives,
the person may freely granted. That is the law that is used does not apply to law enforcement.

In all kinds of violations of customary law has a level of completion that is always used and adhered to the community. Customary law in Aceh was not immediately given for granted even though the law also familiar with the term customary fines. In solving the problems kind of customary law and sanctions can be done first by advising. The second stage warning, then an apology by the guilty in the presence
many people (usually in meunasah / mosque), then the new fines imposed. That is, not directly on the fine so dollars. Tier settlement applies to anyone, even custom devices as well.

Given the legal apparatus-hosted by the laws of this state, whether it is in accordance with Islamic law if the segampangnya demanded money penalty to the
mistaken people who do not wear helmets without the advise and warn in advance? Because Aceh is already implemented Islamic law, the law in Aceh should not conflict with Islamic law. Islam was never burdensome or difficult adherents. Customary law in Aceh was always guided by the Quran and assunnah. It also fits with NAD Qanun No. 7 year 2000 chapter II of chapter 2.

The Birth of Law No.11 of 2006 shows the government Indonesia has started to side with the people of Aceh. In There began to be recognized the existence of mukim and village as well as other customary institutions.

Described in Chapter XIII of article 98, that the traditional institutions to function and act as a vehicle for public participation in governance of Aceh in the areas of security, peace, harmony, and order of society.

Customary institutions have meant that at village level and there are at levels mukim. If the institution is given the authority in accordance customary laws and regulations in society, necessary resources in the village is sustainable and awake. So the people of Aceh will return victorious imperial past like the old days, because customary law is always pro-people. Hopefully!

 Indonesia Unique Cultures