PENYELESAIAN SENGKETA BISNIS DI LUAR PENGADILAN ANTAR WARGA SUKU SASAK DI PULAU LOMBOK

Abstract

AbstrakThis study took place within the entire autonomous region on the island ofLombok, which is in West Lombok regencylcity of Mataram, LombokCentral, and East Lombok District. Perhatan focus of this research is to findanswers to "how the people on the island of Lombok, Sasak tribe resolvetheir business disputes, the procedures undertaken, and the legal rules thatare used", a series of problems to study. From the resuit, obtained by thefindings that show the models out of court settlement of disputes betweenfellow citizens Sasak, including debt-related accounts, buying and sellingcars, buying and selling of precious metals, with reference to the local values(the customs, habits, tradisis-traditional, religious values) are used as termsof reference the parties dispute to end the disputes. Results showed processfast, simple, easy and cheap that is based on principles of fairness,deliberation, the agreements that were led by religious leaders, communityleaders as mediators. In this circuit, the parties dispute tends to avoid thecourts to resolve disputes with reason "could damage the relationship ofbrotherhood" (social relations), in addition to the perception that only "thosewho were disputing only" who took the court mechanism. Within the aboveframework, this study refers to the theory of "Legal Pluralism" fromGriffiths, the theory of "Semi-Autonomous Social Fields" from Sally FolkMoore, in addition to the theory of the "Living Law" from Erlich. All dataobtained were processed according to the rules prevailing methodologicalqualitative research, and then analyzed to obtain a deep understanding of theimportant aspects implicit in a series of studies the object of dispute.Evaluation and data analysis take place simultaneously, with the final result of the conclusions, the arguments that give the foil picture of the wholeprocess of studies showing the interrelation between the various researchfindings with the concept off act-theoretic grip author