PERADILAN ADAT DAN KEADILAN RESTORATIF
Abstract
The idea of access to justice should duly refer to the concept of harmony and not on punishment. Thereby the disputes were settled through agreement of all parties concerned in realizing peace, brotherhood and efforts to restore order and peace in accordance to the community awareness of law. Indonesia has various cultural repertoire of social and legal systems of courts, judges and justice. This paper raises the issue of how to form penal mediation and protection of victims in restorative justice system; overview on how customary law and justice in Indonesia; how alternative dispute resolution and restorative justice in customary law; as well as how to handle violations of Indigenous and penal mediation in customary law. By using normative methods can be concluded that the customary justice become important in the national law system. Therefore, it is necessary to transform the customary law values that live in the community, like the law, justice, judge, and equity, as a part of the national law system. This effort is important in order to end the dichotomy between the institutions and ideas of "state law" and "folk law". Implementation of restorative justice method is important to be the theoretical and philosophical bridge, to make the legal values that live in the community, as a basis for the development and the proper functioning of the legitimacy of customs law, justice and judges, in fairness distribution.
Keywords
DOI: http://dx.doi.org/10.33331/rechtsvinding.v2i2.70
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