MUKIM AS AN ALTERNATIVE DISPUTE RESOLUTION AT VILLAGE LEVEL IN INDONESIA JUDICIAL SYSTEM

Abstract

Mukim as a formal institutional government of the  indigenous Acehnese people, has the authority to adjudicate 17 types of disputes. However, the implementation of Mukim justice as an Alternative Dispute Resolution (ADR) does not yet have standard norms on Gampong-Mukim legal relations. This indicates that the Mukim's lack of power with respect to the ADR principle's standards is an evidence of overlapping control over the Gampong. The purpose of this study is to map out areas where Mukim and Gampong overlap and to harmonise the provisions for Mukim authority in national laws and regulations. This research is a socio-legal case study in Banda Aceh City, Aceh Besar Regency, Bener Meriah Regency, and Central Aceh Regency using Document-Review and FGD techniques for Mukim authority holders as well as Content-Analysis and legal-synchronicity analysis techniques. The study's findings demonstrate that, although the norms are not codified, the Mukim legal system benefits both Gampong justice and the national judicial system as ADR. The legal principles governing settlement are derived from a blend of Acehnese customary law and Islamic legal rules, representing local wisdom that is harmonious with the Indonesian legal system and restorative justice, especially Chapter IX Article 24 of the 1945 Constitution; Law 26/2000 Human Rights; Law 8/2004 General Courts, Law 3/2006 jo, Law 50/2009 Religious Courts; Law 48/2009 Judicial Power; Law 2/1986 General Courts against Article-13 Aceh Qanun 9/2008. Therefore, the existence of the Mukim legal system does not overlap with the Gampong and is in harmony with statutory regulations and fulfills the principles of ADR justice.