DISPUTE SETTLEMENT BY TRADITIONAL FUNCTIONARIES IN ROKAN IV KOTO ROKAN HULU Hayatul Ismi dan Ulfia Hasanah
Fakultas Hukum Universitas Riau
Abstract
Dispute resolution through the judiciary has received sharp criticism, both from practitioners and from legal theory. The role and function of the judiciary is considered to be too heavy (overloaded), slow and a waste of time, expensive and not responsive to the public interest, or considered too formalist and too technical. Besides external factors, there are internal factors that cause people to judge the courts and their human resources increasingly not in favor of the demands of the community^s sense of justice. Indigenous peoples have long resolved disputes that occur through deliberation through traditional institutions. Customary law as a legal system has its own pattern in resolving disputes. Customary law has a distinctive and unique character when compared to other legal systems. Customary law is structured and built on values, rules, and norms that are agreed upon and believed to be true by the indigenous community. The people of Rokan IV Koto, Rokan Hulu Regency with the cultural potential of their indigenous peoples consisting of various tribes such as the Malay, Minang, Batak and Javanese tribes as well as several other tribes became the basis of the choice of researchers to conduct research related to dispute resolution by traditional stakeholders in Rokan Hulu, Riau Province. This research method is juridical empirical. Research stages consist of: Visiting the research area, to find data, interviewing data sources, then processing and presenting them according to the theory used. This study found 3 (three) things: Almost all disputes in Rokan IVKoto were resolved according to Customary Law, the most dominant being Land Disputes, Marriage disputes and Fights. Customary institutions have full authority in resolving disputes between children and nephews. The dispute resolution model is carried out by means of Mediation.
Keywords: Settlement- Dispute- Customary Functionaries- Rokan IV Koto
