REVITALISASI PERADILAN ADAT DESA “REPOTAN” DALAM PENYELESAIAN PERKARA

Abstract

One of the customary courts among the traditional courts in the archipelago is the “Repotan” customary court, which is a model of traditional justice in Siser village, Laren sub-district, Lamongan Regency. The characteristics of the “repotan” justice model emphasize the familial aspects and are oriented towards peace between the disputing parties. In the process of handling cases, the “repotan” customary court emphasizes the wisdom process, so that the parties in the litigation feel satisfied, because those who are involved in resolving the case are respected and respected figures in the village. Customary justice, in contrast to formal justice, has the same spirit as the concept of restorative justice.

            In this study, besides using a normative juridical approach, it also uses a historical approach which is used to track the dynamics of legal recognition of customary courts in the development of legal politics of judicial power. With a historical approach it is hoped that the philosophical background and mindset behind a regulation related to customary justice can be revealed. The historical approach, emphasizes that researching the application of law in the past still has the power of relevance to the development of law today, and allows the concept of old law to be revived because it has relevance to the development of modern legal concepts