Settlement of Criminal Cases Through Customary Institutions Using the Concept of Restorative Justice

摘要

The customary law community prioritizes dispute resolution through discussion that aim to bring about peace in the community. The discussion is the first choice used by the customary law community in resolving disputes, because in the discussion a peace agreement can be made that benefits both parties. The purpose of this study was to determine the form of settlement of criminal cases through the Melayu Customary Institution with the concept of Restorative Justice in lipat kain of Kampar Kiri. This type of research is sociological juridical with emphasis on field research, this research is descriptive, because it intends to describe the reality under study clearly and systematically. Legislative power in the customs of Andiko Nan 44, namely the Niniok Mamak density consultation, which starts from the density of the internal level of the tribe, country, region and State/Government of Andiko Nan 44 and the results of this density decision will be carried out by the community itself to regulate themselves by following the law and predetermined laws. The executive power is niniok mamak or ruler himself, whereas the ruler who carries out the law, he also makes laws that are determined later on through density, he also acts as a holder of judicial power to run a trial on a case on the basis of the report and he has the right to give legal advice or customary rules in order to enforce the law and other laws, but Niniok Mamak cannot give a decision without consultation/trial to be proven by witnesses and make decisions in order to achieve justice. So with the conclusion that every decision should not be made without deliberation in Indigenous Andiko Nan 44.