The Absolute Competence of Adat Institutions in Resolving Marital Disputes in Aceh, Indonesia

Marital dispute resolution in Aceh reflects a complex interplay between customary authorities, Islamic jurisprudence, and national legal norms. This study explores the extent and nature of the legal competence vested in traditional institutions (lembaga adat) in addressing domestic conflicts, particularly in matters of marriage and family. It raises a critical question: do these institutions exercise absolute authority, or do they function within a broader, shared jurisdictional framework involving state and religious courts?. The research seeks to delineate the formal and functional boundaries of customary legal authority while analyzing how indigenous values—such as communal consensus (musyawarah), social reconciliation, and conflict prevention—are embedded in mediation processes. Employing an empirical legal research design, data were gathered through field observations, structured interviews with adat leaders, religious judges, and disputing parties, as well as document analysis of regional legal instruments, including Acehnese Qanun. The findings indicate that while traditional institutions remain central to early-stage marital mediation due to their sociocultural legitimacy, their jurisdiction is non-binding and ultimately subordinate to the authority of the Mahkamah Syar’iyah, particularly in formalizing divorce and legal status. Rather than exercising exclusive legal control, these institutions operate as culturally rooted mechanisms of dispute management. This study contributes to the scholarship on legal pluralism by illuminating how non-state actors function within semi-autonomous legal fields in Aceh. It offers a nuanced understanding of how indigenous legal traditions can coexist and interact with formal legal systems, providing a basis for harmonization efforts in the governance of family law.

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Publication Details

Journal
Al-Qadha Jurnal Hukum Islam dan Perundang-Undangan
Published
2025-06-07
DOI
https://doi.org/10.32505/qadha.v12i1.11149
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
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article

The Absolute Competence of Adat Institutions in Resolving Marital Disputes in Aceh, Indonesia

Alimuddin Alimuddin, Zubir Zubir
Al-Qadha Jurnal Hukum Islam dan Perundang-Undangan
Marriage and Family Dynamics
article

The Absolute Competence of Adat Institutions in Resolving Marital Disputes in Aceh, Indonesia

Alimuddin Alimuddin, Zubir Zubir
article en

Abstract

Marital dispute resolution in Aceh reflects a complex interplay between customary authorities, Islamic jurisprudence, and national legal norms. This study explores the extent and nature of the legal competence vested in traditional institutions (lembaga adat) in addressing domestic conflicts, particularly in matters of marriage and family. It raises a critical question: do these institutions exercise absolute authority, or do they function within a broader, shared jurisdictional framework involving state and religious courts?. The research seeks to delineate the formal and functional boundaries of customary legal authority while analyzing how indigenous values—such as communal consensus (musyawarah), social reconciliation, and conflict prevention—are embedded in mediation processes. Employing an empirical legal research design, data were gathered through field observations, structured interviews with adat leaders, religious judges, and disputing parties, as well as document analysis of regional legal instruments, including Acehnese Qanun. The findings indicate that while traditional institutions remain central to early-stage marital mediation due to their sociocultural legitimacy, their jurisdiction is non-binding and ultimately subordinate to the authority of the Mahkamah Syar’iyah, particularly in formalizing divorce and legal status. Rather than exercising exclusive legal control, these institutions operate as culturally rooted mechanisms of dispute management. This study contributes to the scholarship on legal pluralism by illuminating how non-state actors function within semi-autonomous legal fields in Aceh. It offers a nuanced understanding of how indigenous legal traditions can coexist and interact with formal legal systems, providing a basis for harmonization efforts in the governance of family law.

Al-Qadha Jurnal Hukum Islam dan Perundang-UndanganVol. 12(1)
Universitas Islam Negeri Ar-Raniry (ID), Institut Agama Islam Negeri Bengkulu (ID)
Openalex Percentile: Top 83%
Marriage and Family Dynamics
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