PELAKSANAAN SANKSI ADAT SERAWAI TERHADAP PELAKU PENGGARAP TANAH ULAYAT BERDASARKAN HUKUM ADAT SEBAGAI HUKUM POSITIF DI INDONESIA

Abstract

The customary law enforced by the Serawai aborigines, particularly in the village of Sendawar, had a significant impact on social and cultural life. Communities that violate the rules of common law are subject to common law sanctions according to the violated acts. The aims of the research are to explain how the Serawai customary sanctions against the common law cultivators based on the common law in Sendawar village are implemented, and to find out the obstacles in the implementation of customary law sanctions for the aborigines of Serawai, Sendawar village and to declare , Semidang Alas Maras Subdistrict, Seluma District. This type of research is empirical, by using qualitative methods. Data collection was carried out through interviews and observation as well as secondary data collection. The results of the study show: First, the implementation of customary law sanctions is a measure taken by customary law institutions to implement customary law provisions to punish people who violate customary law provisions, the regulation of Serawai customary sanctions against land managers of customary land occurs through nonjudicial channels, namely mediation, usual institutions gather parties committing acts contrary to customary law, conduct consultations, make decisions and sanctions according to Serawai customary law. Second, the obstacles to the implementation of customary sanctions are temprament factors, level of education, discipline, lack of public awareness in compliance with customary rules, economic factors and ignorance society on customary/Ulayat land