Mamak sebagai Mediator Penal dalam Penyelesaian Perkara Pidana pada Masyarakat Minangkabau

Abstract

The principle of Ultimum Remidium is implemented through handling criminal cases based on restorative justice which is more effective and efficient. This is reinforced by the National Criminal Code by legitimizing the law that lives in the community. The Minangkabau community refers to this with the term 'law of goodness' as stated in the customary dictum 'manih dilulua, Paik diluahan' (sweet is swallowed, bitter is spat out). The meaning of bitter being spat out is that the law imposed does not provide benefits for the victim or the perpetrator. The law should provide benefits and avoid harm so that sweetness can be swallowed. The responsibility of seeking the law of goodness lies with Mamak (uncle from the mother's side). The problem formulation that must be resolved is how is the urgency of Mamak as a penal mediator in the Minangkabau community? Can Mamak be a penal mediator? What method does Mamak use to achieve the law of goodness? The purpose of the research is to understand the perspective of Minangkabau customary criminal law on handling criminal cases through restorative justice, to know the regulations regarding Mamak as a penal mediator, and what methods Mamak employs to achieve the law of goodness. This research is a normative legal study with its primary legal material being the Tambo of Minangkabau. The results of this study indicate that the customary criminal law of Minangkabau states that criminal cases that can be resolved through restorative justice are minor cases involving personal vendettas. Second, restorative justice at the first level will be resolved by Mamak Kaum. Third, the method used by Mamak in achieving the law of goodness is based on the familial principle 'awak Samo awak', means we are all one. This research is a normative legal study. The results of this study are that Minangkabau customary criminal law states that criminal cases can be resolved through restorative justice, even the community has created a complex restorative justice system through tau di nan ampek (tau with four things). Second, that the resolution of restorative justice is the responsibility of the Mamak with the method used by the Mamak in achieving the law of goodness is the principle of kinship "awak samo awak" meaning we are one with another.