Settlement of criminal matters through Malay customary institutions with the concept of restorative justice in Lipat Kain Kampar Kiri of Kampar regency

Abstract

Customary law is religiously functional law, so that customary law fulfills a social function or social justice. Thus, the community and its members carry out these normative orders without seeing them as coercion, but because they assume they are as such. The aim of the law is justice, expediency and legal certainty, and these three elements constitute an inseparable unity. Justice is the moral foundation of the law and, at the same time, the benchmark for a positive legal system. In other words, justice has always been the basis of the law. Without justice, a rule can not be called a law. The highest possible justice to be achieved in the mediation of sanctions is the agreement of the parties involved in the criminal case.

Effectiveness of Customary Law Hita La Uwa Uwato as A Form of Settlement of Pidana Theft in The Country of Iha Seram District of West

“…From the results of the above interview it can be seen that, the customary law used in the country of Iha is very important and then can be a solution in the process of seeking justice, especially for the Iha community itself, this customary criminal law itself can be one form of criminal law reform in Indonesia, because writing the author for Criminal Acts. Customary leadership positions in the group are required to solve issues, maintain the environmental balance with each other, so that the society can continue to create harmony and peace (Elmayanti et al, 2020). Lightly like this should be the process of settlement should use laws that develop and grow in the community.…”