LEGITIMASI PENJARA ADAT NAGARI TERHADAP TINDAK PIDANA ASUSILA (Studi Kasus Nagari Tigo Jangko, Kec. Lintau Buo, Kab Tanah Datar)

Abstract

Based on the results of the study concluded that First, the application of traditional nagari prisons in the enforcement of customary criminal law in Nagari Tigo Jangko there are several stages which consist of being caught being immoral, they are escorted to the nagari guardian's office. The male perpetrator was put into Nagari Prison which was located next to the Nagari guardian's office, while the female was put into the Nagari guardian's office. In Nagari Prison the perpetrators are shown to the public (approximately 3-5 hours). In the span of a few hours, Ninik Mamak the perpetrator, religious leader, adat and nagari apparatus held a meeting in adat density to determine the customary punishment that could be imposed on the perpetrator. Then the perpetrators were taken by the police to the Lintau Buo Sub-district Police Station located in Pangian, if there was a criminal element in it (National Criminal Law). Second, the legitimacy of the Nagari Tigo Jangko customary prison against immoral crime is a strategic role in regulating the implementation of the nagari government. The customary prison in Nagari Tigo Jang¬ko has been regulated in the local nagari regulations and has the agreement of the customary and youth stakeholders, in the event that the relevant violations will first be convened at the Nagari Indigenous Peoples Office by nagari and pucuk leaders local customs and if found a committed violation fined customarily and put in a customary officer for one day or before the hearing in KAN is finished, if the perpetrator's action there is an element of criminal offense, the perpetrator will be handed over to the Polsek, but the offender is not fined by custom.

Keywords

• Legitimacy, Indigenous Peoples, Indigenous, Customary Prisons, Immoral Crimes