International Journal of Advanced Multidisciplinary Research and Studies
Volume 5, Issue 5, 2025
Land Dispute Resolution Through Sarak Opat in Central Aceh Regency
Author(s): Ioshah Raseuki Mukhlis, Darmawan, Siti Rahmah
Abstract:
According to Article 18B Paragraph (2) of the 1945 Constitution of the Republic of Indonesia, the state acknowledges and honours the unity of customary law communities and their traditional rights. Sarak is seen as a crucial institution in community leadership at the village level in Central Aceh. The function and existence of the sarak opat are governed by Aceh Tengah District Regulation Number 10 of 2002 about Gayo Customary Law, which designates the sarak opat as the entity empowered to mediate societal issues through a consensus-based settlement procedure. Nonetheless, in practice, this does not operate as intended. The empirical legal research approach was employed in the preparation of this work. This study examines sarak opat's authority in adjudicating land disputes in Central Aceh Regency. The research findings indicate that the authority of sarak opat in adjudicating land disputes in Central Aceh Regency is delineated in legal statutes mandating that law enforcement officials must allow customary courts to address conflicts at the village level. However, this regulation is not enforced, as law enforcement officers fail to grant sarak opat the opportunity to resolve disputes, opting to act in accordance with prevailing laws immediately.
Keywords: Dispute Settlement, Land Dispute, Sarak Opat, Aceh Tengah
Pages: 609-612
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