Hukum Pidana Adat

Violence against women is a form of violence that occurs on the basis of gender differences, and domestic violence is a form of violence that occurs in the family or household environment. According to the study, most of the victims of domestic violence are women and children. West Sumatra, known as the Minangkabau region, adheres to the adat philosophy of Adat Basandi Syara, syara basandi Kitabullah, which is the second highest level of domestic violence crime in Indonesia. To overcome this situation, effective and efficient crime prevention policies and strategies are necessary. This chapter attempts to answer the following questions: (a) What is the policy for reducing the number of women who are victims of domestic violence in West Sumatra? and (b) How do customary law and local wisdom address and overcome acts of domestic violence against women in West Sumatra? The short-term goal is to review the laws and regulations that have been applied to prevent situations of domestic violence against women. The research method is a sociological juridical approach with descriptive properties using primary data and secondary data. The results demonstrate that domestic violence settlement is carried out through law approaches, adat criminal law, and a local wisdom approach based on the values of society. The restorative justice approach uses deliberation and consensus and is based on the values in Minangkabau customary law anak dipangku kemenakan dibimbing and cabiak-cabiak bulu ayam, that is, ninik mamak is instrumental in resolving disputes within the family and putting the family back together. A sacred marriage is carried out with the consent of the family of both parties (husband and wife); thus, marriage in the Minangkabau community is a matter of niniak mamak, a settlement through the principle of musyawarah or consensus as a principle in customary criminal law carried out first through the lowest level, namely, through deliberation in the family itself. Then, the discussion continues to the level of niniak mamak, known as Kerapatan adat salingka nagari. This process is called bajanjang naiak batanggo turun.