SETTLEMENT OF HUSBAND-WIFE AFFAIRS CASE ACCORDING TO CUSTOMARY LAW IN MEMPURA DISTRICT, SIAK SRI INDRAPURA REGENCY

Abstract

Customary law is a rule of law that has been passed down from generation to generation in an indigenous community. Like the rule of law in general, customary law also has a dispute resolution mechanism, one of which is the settlement of disputes that occur in the household due to infidelity committed by either husband or wife. The community in Mempura District still respects and implements existing customary law, especially those that regulate problems in the family. Penghulu and traditional leaders also play a role in resolving infidelity cases that occur in the community. However, not all infidelity cases are resolved through customary law. The purpose of this study was to determine the extent to which customary law plays a role in resolving infidelity cases in Mempura District, Siak Sri Indrapura Regency and why not all people are willing to resolve infidelity cases through customary law. The research method used is sociological legal research, which is looking at the implementation of the rule of law in society. Data collection techniques were conducted by interviewing traditional leaders. From the results of the study, it was found that the cheating party was given a traditional fine in the form of one goat and a ceremony was carried out as an effort to reject the reinforcements that would occur in the future. This settlement through customary law has a weakness, namely the decision of traditional leaders does not have binding power, so its implementation is highly dependent on community compliance. The limitation of this research is in the Mempura District, Siak Regency. Research on this matter has never been done before.