PENERAPAN SANKSI PIDANA ADAT BAGI PELAKU PENCURIAN MENURUT HUKUM ISLAM DAN POSITIF

Abstract

Theft is one of the wrongdoings, which is strictly prohibited either by shari'ah, positive
written law or unwritten customary law, because the act is detrimental to the lives of
others. The purpose of this research is to look for answers to the main problem, namely
how the customary law of Village in Aceh in solving theft, is the punishment of theft
applied by Village traditional leaders in Indrajaya Pidie District in accordance with
Islamic law. To answer these questions, the authors use the method of library research
and field research through interview research techniques. The sample of the author's
research is the village. The results showed that in the Villages in Indrajaya in resolving
theft cases put forward traditional law. Settlement of theft disputes through
deliberation, justice, promoting honesty, and not taking sides with either party. If the
theft is committed by the children, the person responsible is the child's parents. If the
theft is below the value of 1,000,000 (one million rupiahs), then it is resolved in the
traditional village, which has various types of sanctions, whether in the form of advice,
reprimands, compensation, statements of apology in front of the crowd at the Small
Park or Mosque, ostracized by the village community, revocation of customary titles,
as well as referrals. If the theft is above 10,000,000 (ten million rupiah), it will be
taken to the police.