CHALLENGES IN FORMALIZATION AND DOCUMENTATION IN CUSTOMARY COURT SYSTEM IN ACEH, INDONESIA

Abstract

Abstract: The customary justice system in Aceh, Indonesia, aims to resolve minor disputes within the community through consensus. Essentially, the resolution of customary disputes is informally conducted without formalization and documentation. However, as the legal landscape and society evolve, government regulations now require the formalization of dispute resolution through customary courts similar to state courts. This article discusses the challenges of formalization and documentation in the customary courts in Aceh, Indonesia. The article identifies three primary challenges to formalization and documentation in customary justice: first, the belief among some customary leaders that the case resolution process does not require formality and documentation due to infrequent complaints from the parties involved. Second, there is a lack of training among customary leaders in the formal legal process. Third, there is insufficient awareness and promotion of the formalization of customary justice. The article argues that formalizing customary justice is not merely a matter of regulatory compliance but requires socialization and training for customary leaders to implement formalization and documentation effectively.