Settlement Of Inheritance Dispute Through The Gampong Customary Court (Research Study at Gampong Jambo Mesjid Lhokseumawe City)

Abstract

The Gampong Customary Court always strives to achieve justice for competing communities by seeking harmony and harmony as required by Qanun Number 9 of 2008 concerning the Advancement of Customs and Customs. However, there are many obstacles in solving wars because of each of them. The purpose of this study is to identify and explain the control over the payment of inheritance through the Customary Court in Gampong Jambo Mesjid, Kota Lhokseumawe and the obstacles encountered by the organizers of the Traditional Court of Gampong Jambo Mesjid, Kota Lhokseumawe in order to complete the inheritance. This type of assessment is a qualitative approach with a sociological juridical approach. The data sources used are primary data, including the results of interviews with informants and respondents. Secondary data sources come from primary legal materials, secondary legal materials and tertiary legal materials. According to the results of the study, it is known that; The mechanism for inheritance disputes through the Customary Court in Gampong Jambo Mesjid, Kota Lhokseumawe is carried out through deliberation techniques between members of the Gampong Customary Court, community leaders, and also from the families of the two disputing parties. Cases are resolved by prioritizing the principles of peace, kinship, and finding reliable sources of information on the matter. In a dispute, the disputing parties must be notified in accordance with the rules of common law, religion, and applicable positive law. The result of a joint decision, “Gani Ali Basyah is charged with paying compensation to Ti Aman in the amount of Rp. 7.500.000, - (Seven million five hundred thousand rupiah)". The obstacles faced by the executor of the Traditional Court of Gampong Jambo Mesjid, Kota Lhokseumawe in resolving the dispute were the difficulty of dealing with the defendant, the occurrence or difference of opinion between the defendant and the plaintiff, and the fact that the parties to the dispute did not provide information. We have filed a case with the Village Court to conceal the facts that led to the inheritance dispute, the provocation of third parties and the lack of accurate data on inheritance. It is recommended to open the views of the conflicting parties about the peace efforts and various legal aspects and their scope. The community has the right to continue to peacefully resolve inheritance disputes through the Gampong Customary Court. The settlement of cases will follow the mechanism recommended by Islamic law.