Peranan Pangulu dalam Penyelesaian Sengketa di Luar Pengadilan Melalui Hukum Adat dalam Mewujudkan Pembangunan Hukum Nasional (Studi : Nagori Simbou Baru dan Nagori Silau Paribuan, Kabupaten Simalungun)

Abstract

In the current order of life, social life is very dynamic so that it is not uncommon between one community member and another community to have disputes due to differences in interests. In social life, there are various ways to get an agreement in the case process or for dispute resolution. In some areas of Indonesia, there are still communities that use customary/community dispute resolution mechanisms. This mechanism is seen as more efficient, faster and provides a sense of justice in terms of balance in society. The type of research used in this dissertation research is descriptive, namely describing and analyzing the problems that will be raised, which is carried out by means of a normative juridical approach and an empirical juridical approach. In Article 26 Paragraph (4) Letter k, Law Number 6 of 2014 concerning Villages, it is stated that the Pangulu position is obliged to resolve disputes that occur in the Village community. Although it is not clear what form of dispute must be resolved by Pangulu, contextually it can be interpreted that Pangulu has the duty and authority to create a safe and peaceful society among the villagers, by resolving various types of disputes that arise in the community. From the rules that have been regulated based on the Simalungun Regency Regional Regulation Number 2 of 2016 concerning Nagori, Simalungun Regency Regional Regulation Number 13 of 2006 concerning the Nagori Government and also based on Law Number 6 of 2014, Pangulu does not yet know much about his duties and authorities, especially in terms of settlement disputes in the community which in this case are only carried out because they follow the settlement method that has been carried out by Pangulu before. Likewise, the community also does not know if a dispute can be resolved through the role of the Pangulu but only based on the habits of the previous community. Likewise, the procedure for resolving disputes carried out by the parties is carried out in accordance with custom as has been carried out by the previous Pangulu. This, although in general it is not regulated in special rules in written form, but the settlement procedure follows the customs that have been carried out for generations by the community. In resolving disputes that occur between communities through the role of Pangulu, basically those who feel their interests have been harmed first report to Pangulu to resolve disputes that occur. Disputes are settled in a family way. After that, the two parties to the dispute were met at the Pangulu office or at the Village Hall or at the house of one of the parties accompanied by several witnesses from both parties. If the settlement has been agreed upon by the parties, it will be resolved verbally or in writing as outlined in a decision in the form of a peace letter that has been signed and agreed upon and becomes a guideline for the disputing parties. Besides being attended by Pangulu and the disputing parties, Gamot, Maujana Nagori, religious leaders, community leaders, traditional leaders and witnesses or families of each party attended the settlement of the dispute. The dispute resolution carried out prioritizes the existence of a win-win solution. The resolution of disputes through deliberation by the Pangulu does not depend on the laws and regulations made by the legislature but is based on community habits that have been running for a long time and are running well in the community. The settlement of the dispute does not require formal procedures as in the Court. Pangulu can resolve and reconcile disputes between communities in Nagori binding for the disputing parties.