E3S Web Conf.
Volume 52, 2018CSSPO International Conference 2018: Towards Inclusive & Sustainable Agriculture – Harmonizing Environmental, Social and Economic Dimensions: Is it Possible?
|Number of page(s)||6|
|Published online||27 August 2018|
Uang tutup babah as a customary dispute resolution in gayonese community
Doctoral Program in Law, Graduate School, Universitas Sumatera Utara,
* Corresponding Author: firstname.lastname@example.org
There are several customary sanctions which are often imposed in customary dispute resolutions in Gayonese community. One of them is uang tutup babah (hush money). It is a payment to resolve customary dispute between parties. However, it is not yet regulated in laws and regulations related to customary law. This paper will discuss the legal strength of decision of uang tutup babah in a customary dispute resolution and its impact. Theory of sociological jurisprudence, theory of harmonization and theory of criminalization were used in this study. In general, uang tutup babah means hush money. It is a customary dispute resolution in some customary communities in Gayo. Although the sanction, uang tutup babah, it is not yet regulated by law on customary institutions, it is often used by parties involved in the dispute to resolve their problem because it has a positive impact on communities. It is also believed that it gives a deterrent effect to the perpetrator. Since this has been done repeatedly and community accept it as a sanction, it should be included in the law to ensure that it gives legal certainty and has legal strength.
© Owned by the authors, published by EDP Sciences, 2018
This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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