Ngaming Customary Sanctions in the Resolution of Physical Violence Crimes in Gayo Lues: An Islamic Criminal Law Perspective

Physical violence is an act that causes pain, injury, or serious wounds. In the Gayo Lues community, there is a customary law that regulates sanctions against perpetrators of physical violence. Adat Ngaming, one of the customs of Gayo Lues, regulates the types and levels of sanctions and the weight of the sanctions according to the purpose of forming a law. This research examines how the Ngaming customary sanctions resolve physical violence cases according to the customary law of the Marpunge Raya settlement and the review of Islamic criminal law on Ngaming customary sanctions for perpetrators of physical violence in the Marpunge Raya settlement. This research uses the empirical legal research method through library and field data collection techniques. The research results show that Ngaming customs impose sanctions on perpetrators of physical violence crimes according to the type and severity of the actions committed by the perpetrator. Violence to the head that causes a lot of bleeding (blood flowing out) is compensated with one goat, and the bleeding wound is treated (luke besalin) until healed. If the blood flows a little (does not stream), it is compensated with a chicken, and the bleeding wound is treated (luke besalin) until it is healed. The Ngaming customary sanction is by the sanctions regulated in Islamic criminal law, where wounds on the head that bleed (al-Damiyah) and wounds on the head that do not bleed (ghair al-Damiyah) are subject to legal sanctions. For physical violence on objects other than the head and face, the penalty is to pay for medical expenses until recovery, which is not regulated in Islamic criminal law because violence on objects other than the head and face has different penalties, namely, ja’ifah wounds and non-ja’ifah wounds. The penalty for a ja’ifah wound is one-third of the diyat, while the penalty for a non-ja’ifah wound is qishash.

Authors

Publication Details

Journal
Legitimasi Jurnal Hukum Pidana dan Politik Hukum
Published
2024-12-31
DOI
https://doi.org/10.22373/legitimasi.v13i2.27580
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Ngaming Customary Sanctions in the Resolution of Physical Violence Crimes in Gayo Lues: An Islamic Criminal Law Perspective

Riza Afrian Mustaqim, Julida Yanti, Tgk. Sulfanwandi, Muhammad Rozaan Al-Faiz et al.
Legitimasi Jurnal Hukum Pidana dan Politik Hukum
Legal Studies and Policies
article

Ngaming Customary Sanctions in the Resolution of Physical Violence Crimes in Gayo Lues: An Islamic Criminal Law Perspective

Riza Afrian Mustaqim, Julida Yanti, Tgk. Sulfanwandi, Muhammad Rozaan Al-Faiz, Raja Aulia
article en

Abstract

Physical violence is an act that causes pain, injury, or serious wounds. In the Gayo Lues community, there is a customary law that regulates sanctions against perpetrators of physical violence. Adat Ngaming, one of the customs of Gayo Lues, regulates the types and levels of sanctions and the weight of the sanctions according to the purpose of forming a law. This research examines how the Ngaming customary sanctions resolve physical violence cases according to the customary law of the Marpunge Raya settlement and the review of Islamic criminal law on Ngaming customary sanctions for perpetrators of physical violence in the Marpunge Raya settlement. This research uses the empirical legal research method through library and field data collection techniques. The research results show that Ngaming customs impose sanctions on perpetrators of physical violence crimes according to the type and severity of the actions committed by the perpetrator. Violence to the head that causes a lot of bleeding (blood flowing out) is compensated with one goat, and the bleeding wound is treated (luke besalin) until healed. If the blood flows a little (does not stream), it is compensated with a chicken, and the bleeding wound is treated (luke besalin) until it is healed. The Ngaming customary sanction is by the sanctions regulated in Islamic criminal law, where wounds on the head that bleed (al-Damiyah) and wounds on the head that do not bleed (ghair al-Damiyah) are subject to legal sanctions. For physical violence on objects other than the head and face, the penalty is to pay for medical expenses until recovery, which is not regulated in Islamic criminal law because violence on objects other than the head and face has different penalties, namely, ja’ifah wounds and non-ja’ifah wounds. The penalty for a ja’ifah wound is one-third of the diyat, while the penalty for a non-ja’ifah wound is qishash.

Legitimasi Jurnal Hukum Pidana dan Politik HukumVol. 13(2)
Openalex Percentile: Top 44%
Legal Studies and Policies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Ngaming Customary Sanctions in the Resolution of Physical Violence Crimes in Gayo Lues: An Islamic Criminal Law Perspective — Riza Afrian Mustaqim, Julida Yanti, et al. · Legitimasi Jurnal Hukum Pidana dan Politik Hukum (2024) | TGRS Research Map | TGRS