The Application of Customary Sanctions for Perpetrators of Theft: A Case Study in the Suaq Settlement Samadua District

Abstract

This study examines the application of customary sanctions for perpetrators of theft within the Suaq Settlement, Samadua District, South Aceh. The primary problem lies in the tension between the jurisdiction of customary courts and the formal criminal justice system in addressing petty theft committed by adolescents. This research employs a qualitative method utilizing a case study approach, involving 20 informants comprised of customary officials (Imam Mukim, Keuchik, and Tuha Peut) across two villages, namely Suaq Hulu and Payo Nan Gadang. Data collection was conducted through participatory observation, in-depth interviews, and documentation. The findings indicate that the implemented customary sanctions encompass monetary fines (up to IDR 5 million), restitution, a one-year prohibition from entering agricultural fields, and the threat of expulsion from the village for repeat offenders. The legal foundation for the application of these sanctions is derived from the Qanun of the Majelis Adat Aceh (MAA) and the deliberations of customary officials. Recorded theft cases over the past five years encompass the theft of gas cylinders, kiosk merchandise, ducks, chickens, goats, and motorcycles. The study concludes that customary sanctions are effective in generating a deterrent effect and reducing theft rates, despite encountering obstacles such as the intractable attitudes of the perpetrators. The implementation of these findings points toward strengthening coordination between customary officials and law enforcement agencies within the framework of ultimum remedium.