The Mechanism of Adat Justice Conducted by the Kerapatan Adat Nagari (Kan) within Dispute Resolution on Sako Pusako in Indigenous People Community In Luhak Agam West Sumatera

Dr. Irzal Rias SH. MH. Diana Arma SH. MH.

Abstract: Indonesia is multi-cultural, ethnic, religious and tribes country. So that, dispute settlement mechanisms within that diversity among Indonesian community could be taken through two kinds, namely the litigation settlement (settlement through the general or state courts) and non-litigation settlement (using out-of-court deliberations/ADR). This study aims to describe the customary court mechanisms conducted by Kerapatan Adat Nagari (KAN) within dispute resolution of Sako Pusako on Adat law community in Luhak Agam regency, West Sumatera Province. This study uses empirical legal research methods, namely looking at the law in the sense of reality and examining how the law works among environmental community. In addition, This research uses socio-legal approach, that is a study that sees the law through a merger between normative analysis (legal or juridical norms) and non-legal science approaches. Furthermore, Both those empirical and socio-legal methods hold in descriptive analysis. Overall result reveals that the mechanism of customary court conducted by Kerapatan Adat Nagari both in Kanagarian Batu Taba and in Kanagarian Pasia on the settlement of Sako and Pusako disputes resolved from the lowest level in which known as Bajanjang Naik Batanggo Turun, first resolved in the Paruik level, then Jorong, then the Ampek Suku, the last is to the Nagari level. At the Nagari level, the settlement of Adat disputes of high treasures is resolved through customary institutions, namely the Kerapatan Adat Nagari.

Keywords: KAN, adat law, Sako Pusako, Adat Justice

Edition: Volume 6 Issue 11, November 2017,

Pages: 1014 - 1019