Restorative Justice in Gampong: Justice Through Local Wisdom





Restorative Justice in Gampong: Justice Through Local Wisdom
Published by
Dr. Marlina SH., M.Hum
Published at
Thursday, 13 February 2025


A study from Universitas Sumatera Utara explores how restorative justice in Aceh prioritizes dialogue and consensus in resolving juvenile legal cases. This customary-based approach not only fosters a more humane justice system but also strengthens local values within the modern legal framework.
Amid the dynamics of social change and the challenges of modernity, the people of Aceh have demonstrated an exceptional approach to handling juvenile legal cases. Restorative justice, a concept that emphasizes conflict resolution through deliberation and consensus, serves as a crucial foundation for maintaining harmony and providing protection for children involved in legal conflicts. What takes place in the villages (gampong) of Aceh is not merely a legal practice but also a form of respect for local values rich in wisdom.
Restorative justice in Aceh offers a different perspective from the formal legal system. This became the background that led researchers from Universitas Sumatera Utara, Marlina and Mahmud Mulyadi, to explore the issue using a qualitative research method. Based on in-depth interviews with research subjects, the researchers found that the restorative justice mechanism for case resolution does not rely on punitive sanctions but rather on reconciliation efforts between the involved parties. Children in legal conflicts are not merely viewed as offenders but as individuals who need guidance and opportunities for change. Through customary approaches, the gampong serves as a space for dialogue where all parties can seek the best solutions without exacerbating the wounds. In an atmosphere of familial warmth, deliberations are conducted to find resolutions that restore social relationships and foster peace.
The existence of the gampong as a customary legal institution plays a highly strategic role. Led by a keuchik (village leader), the gampong serves as the central institution for the community in resolving various issues, including juvenile legal cases. Before a case is forwarded to formal court proceedings, resolution through the gampong is a mandatory initial step. This approach not only alleviates the burden on the formal justice system but also ensures that conflict resolution is conducted in a more humane manner. In this way, the gampong is not only a symbol of customary law but also a representation of community-based justice that is deeply relevant to the values of Acehnese society.
Of course, this approach is supported by a strong legal foundation. Restorative justice in Aceh is regulated under Aceh Qanun No. 9 of 2008 on the Development of Customary Life and Qanun No. 10 of 2008 on Customary Institutions. These Qanuns not only acknowledge but also strengthen the role of customary law in conflict resolution. Furthermore, Aceh’s customary law is aligned with national law, creating a harmonious synergy between traditional and modern values. The philosophy of "adat bak po teumuruhom, hukom bak syiah kuala," which means that customary law and formal law go hand in hand, serves as a strong foundation to ensure that justice is accessible to all.
“Why is this approach so relevant? One of the main reasons is its ability to reinforce local wisdom,” said Marlina. In this system, the values inherited from ancestors remain alive and relevant, even amid the pressures of globalization. Additionally, restorative justice provides a tangible alternative to the judicial system, which often feels rigid and impersonal. By focusing on rehabilitation and social reintegration, children involved in legal conflicts are not only restored but also given the opportunity to become better individuals. No wounds are left open, and no stigmas are permanently attached.
However, like any system, restorative justice in Aceh also faces challenges. A lack of resources often hinders the optimal implementation of this customary mechanism. Moreover, institutional recognition of this approach still needs to be strengthened. There is a risk that, without adequate oversight, customary mechanisms may become biased or lose their essence. Therefore, efforts to enhance the legal framework and the capacity of gampong institutions are crucial.
On the other hand, these challenges also present opportunities to improve the quality of the restorative justice system in Aceh. By strengthening resources and gaining broader recognition, gampong institutions can serve as a model for other regions in integrating customary law with formal law. This approach is not only relevant to Aceh but can also serve as an inspiration for other communities seeking to preserve local wisdom while remaining relevant to contemporary needs.
“In conclusion, restorative justice in Aceh reflects local values rich in wisdom. Through this approach, the community not only finds justice but also fosters profound harmony. The integration of customary and national law is key to ensuring that justice is accessible to all, especially to children, who represent the future of the nation,” Marlina concluded.
Paper Details
- Faculty of Law, Universitas Sumatera Utara (USU), Medan-Indonesia