Law Reform, 22. , 2026, 150-167 Master of Law. Faculty of Law. Universitas Diponegoro Research Article The Influence of Law Enforcement on Restorative Justice-Based Conflict Resolution within the Customary Law in Aceh. Indonesia M Adli Abdullah1*. Teuku Muttaqin Mansur2. Masrizal3. Laila Muhammad Rasyid4. Ery Agus Priyono5 1,2Faculty of Law. Universitas Syiah Kuala. Indonesia 2Research Center of Law. Islam, and Customary Law. Universitas Syiah Kuala 3Faculty of Social and Political Sciences. Universitas Syiah Kuala. Indonesia 4Faculty of Law. George-August Universitat of Gottingen. Germany 5Faculty of Law. Universitas Diponegoro. Indonesia *bawarith@usk. ABSTRACT The Indigenous People Community (IPC) in Aceh engages in collaborative efforts with law enforcement agencies to mediate disputes via customary courts, as delineated in Aceh Qanun Number 9 of 2008 pertaining to the Advancement of Customary Life and Traditions. Nevertheless, the escalating preeminence of formal legal frameworks has elicited apprehensions regarding the efficacy of customary sanctions in the context of community-driven conflict resolution. The objective of this research endeavor is to scrutinize the function of the police within the sphere of customary dispute resolution and to investigate the implications of their involvement on the jurisdiction of customary law institutions at the village level. The methodological approach employed in this inquiry is descriptive, supplemented by an empirical methodology. Primary data were acquired through direct observation and interviews with pivotal stakeholders, while secondary data were procured from ancillary documentation. The findings indicate that despite the successful resolution of 18 cases at the village level, the influence of the police tends to eclipse the authority of customary courts. The effectiveness of customary sanctions diminishes when formal law is accorded precedence, particularly in instances such as livestock theft or minor violent offenses. The conclusions that can be inferred suggest that excessive police involvement undermines the robustness of customary law, thereby contravening Article 13 paragraph . of Aceh Qanun 9/2008, which stipulates a preference for resolution through customary means at the village Keywords: Restorative Justice. Customary Law. Law Enforcement. Aceh INTRODUCTION it aims to heal relationships, equitably resolve The customary law system of Aceh. Indonesia, is crucial for preserving social order disagreements, and maintain mutual respect among its members. This method prioritizes reconciliation and communities (Bowen, 2. Customary law, shared accountability, with solutions derived from entrenched in tradition and cultural norms, discourse and consensus. emphasizes the preservation of equilibrium within enhances social cohesion by fostering communal the society. Rather than emphasizing punishment, ties and ensuring that justice benefits both Customary Law Reform, 22. , 2026, 150-167 Master of Law. Faculty of Law. Universitas Diponegoro individual and collective welfare (Wadjo, 2. In Aceh, the existence of customary (Febrianda. Priyono, & Putra, 2. (Ismail et al. law is an integral part of peopleAos lives and (Wangga, 2. (Wijaya. Kusnadi, & Hadi, continues to play a major role in conflict resolution at the community level (Darmawan. Jauhari, & In this setting, the restorative justice Suhaimi, 2. Recognised for prioritising method closely matches with Acehnese traditions, reconciliation, harmony and social cohesion over punitive sanctions, customary institutions are restoration of balance, and reintegration of closely aligned with the principles of restorative individuals into the community. The efficacy of Traditional retributive approaches often customary justice systems is largely contingent neglect the interests of victims, whereas a 'dual- upon the engagement and endorsement of law track selective system' offers a way to balance enforcement agencies, which act as a conduit social protection with corporate interests through between local traditions and the stateAos legal restorative frameworks. Not only is this model system (Sulaiman et al. , 2. The relationship culturally resonant, it is also more acceptable to between law enforcement and customary law local communities than the formal judicial process, which is often viewed as rigid and legitimacy, authority, and consistency in dispute detached from societal values (Pujiyono, 2016. resolution (Bowen, 1. (Bowen & Petersen. Zaidun & Setiyono, 2. This approach is culturally relevant and more acceptable to the In Aceh, where legal pluralism is officially local population than the formal judicial process, acknowledged, it is essential to comprehend the which is often perceived as rigid and distant from impact of law enforcement on restorative justice community values. within customary law to ensure that local dispute However, the implementation of restorative resolution maintains cultural integrity while justice within customary law can encounter conforming to overarching principles of justice, challenges when interfacing with formal legal human rights, and national legal standards Differences in principles, procedures (Nurhaliza et al. , 2. and authority can create tensions, with law Listyarini . importance of diversion and restorative justice as These challenges underscore the necessity for closer collaboration and mutual recognition Convention on the Rights of the Child, promoting between customary institutions and state law enforcement agencies. By building trust and measures over reconciliation (Antoh, 2. humane alternatives to formal litigation. Law Reform, 22. , 2026, 150-167 Master of Law. Faculty of Law. Universitas Diponegoro directed towards the interplay between law restorative justice can function more effectively enforcement practices and conflict resolution while respecting both tradition and modern legal grounded in customary frameworks. Therefore, frameworks (Sopacua, 2. (Desky et al. this study seeks to analyze the influence of law (Najib. Hardiyanti, & Prabawani, 2. enforcement on restorative justice-based conflict mentioned by it argues that involving all relevant resolution within the customary law system in parties in mediation strengthens its effectiveness Aceh. Indonesia, addressing a gap that is both and distinguishes it from previous formal court theoretical and practical in the development of Legal system formally recognizes legal pluralism and community-based justice. legal pluralism, there are still inconsistencies in The customary justice system operates as how law enforcement officers support, supervise, a culturally rooted method for conflict resolution, or integrate customary justice practices into the embodying the communal wisdom and traditions national legal system (Cahyaningtyas, 2. of the society. It underscores conversation, (Rado. Arief, & Soponyono, 2. In numerous consensus, and reconciliation, ensuring that instances, disputes that could be adeptly conflicts are resolved in a manner that maintains addressed through traditional practices are, social peace (Sulaiman et al. , 2. (Ramli et al. conversely, elevated to formal judicial systems, culminating in resolutions that may not adequately This approach fortifies community identity reinstate social equilibrium (Listyarini, 2. This and cohesion by adhering to traditions and local phenomenon underscores a significant lacuna in standards down through generations. It not only scholarly inquiry regarding the degree to which law enforcement genuinely affects the efficacy and legitimacy of restorative justice-oriented continuity within society. conflict resolution within the framework of customary law. In contrast to the formal court system. The fundamental issue resides in the reconciliation, and social peace, embodying the ambiguity and inconsistency surrounding the role collective identity and cultural history of a of law enforcement in reinforcing, as opposed to Its legitimacy is derived from enduring subverting, the authority of customary institutions. practices and widespread acceptance within local Prior research has predominantly focused on communities, establishing it as a binding and either customary law within Aceh or the esteemed framework for justice. application of restorative justice in the Indonesian Customary institutions include customary however, there has been scant attention courts (Coombes, 2. All cases brought Law Reform, 22. , 2026, 150-167 Master of Law. Faculty of Law. Universitas Diponegoro against members of the local indigenous harmonizing justice with cultural identity, villages community and within the customary territory foster peace and preserve their traditional legacy. concerned shall be tried by customary courts The sources of customary law are (McKenzie, 2. Formally, customary courts in Customs or customs that are folk traditions. Indonesia are not part of the country's judicial Traditional folk culture. Principles of native But when a judge is resolving a case. Indonesian culture. The feeling of justice that court decisions generally serve as a source of law (Harada et al. , 2. Even in such situations. Customary jurisprudence. Documents that were alive at the time were running. All laws or conventional court rulings. Customary regulations, whether written or unwritten and The constitutional stance on customary law derived from social standards or conventions, are in Indonesia affirms its recognition as an integral called customary law (Arini et al. , 2. The part of the national legal system. It possesses an purpose of customary law is to regulate community behaviour in social situations (Winters contingent upon its conformity with constitutional & Conroy-Krutz, 2. Sanctions are imposed on principles and its adherence to human rights those who violate customary law. Article 18B of (Sukirno & Mahfud, 2. (Abdullah et al. , 2. the 1945 Constitution recognises and respects This stance guarantees that customary law the unity of indigenous peoples along with their remains effective in managing community affairs traditional rights as long as customary law while coexisting alongside established legal continues to exist and aligns with societal In doing so, it connects traditional progress and the ideals of the Unitary State of the customs with contemporary governance, thereby Republic of Indonesia. Customary law occupies enhancing Indonesia's diverse legal identity. the same position within the legal system as Within formal law. the key distinction is that customary implementation of customary law is crucial for law is unwritten and applies specifically to delivering justice that embodies local values and Indonesian citizens. Within communities, conflicts It enables communities to settle conflicts in ways that resonate culturally and are socially mechanisms that prioritise consensus and embraced (Fahmi & Armia, 2. The need for Indonesian customs This region-specific application of law gave rise to the concept of customary law itself. bolsters social unity, as choices are made based When social problems arise in, the IPC in Aceh work with the police to implement and understanding (Yulia & Herinawati, 2. assess community policing and customary justice. Law Reform, 22. , 2026, 150-167 Master of Law. Faculty of Law. Universitas Diponegoro As stated the shift away from these traditional governing document of the Unitary State of the mechanisms due to the dominance of modern Republic of Indonesia, tacitly recognizes the courts (Buana & Djanggih, 2. Based on Aceh existence of customary courts. Qanun 9/2008, there have been 18 cases As stated in Article 18B, paragraph 2 of the resolved at the village level involving customary Constitution, "The State recognizes and respects law, including disputes, disputes between families the unity of indigenous peoples as long as they regarding inheritance law . , disputes are alive and developing in society. " This between residents, property disputes, theft in statement of respect for community unity family disputes, property disputes, petty theft, governed by customary law is then linked as an theft of pet livestock, violations of customs related to livestock and forest farming, maritime disputes. Customary justice is still practiced today and market disputes, and more. governed by the surrounding environment. Customary courts continued to be run by concerning Customary Institutions which will carry communities despite the absence of rules. out the task of mediating communities in resolving only requires official legal legitimacy in the current small cases and customary disputes if there is no situation (McKenzie, 2. This is what we call new solution to this case that is being handled by customary justice, which is also influenced by the police community policing is very important. positive principles. Aceh Qanun Number This is due to the establishment of customary Customary courts at the research site are justice functions in carrying out customary law recognized by both the constitution and Law of Argued that resolve dispute the Republic of Indonesia Number 30 of 1999 deliberation is through customary courts (Mansur, concerning Arbitration and Alternative Dispute Sulaiman, & Ali, 2. Customary justice is also Resolution. Law Number 44 of 1999 concerning a form of peacekeeping justice between members the Implementation of Aceh Privileges. Law of a particular community governed by customary Number 11 of 2006 concerning the Government The state has recognized customary justice of Aceh. Government (UUPA). Aceh Qanun in its legal system (Azani, 2. (Tacconi, 2. 9/2008, Therefore, in accordance with the national justice Customary Institution. This recognition has an system, but in reality. The implementation of impact on customary justice practices in Aceh, customary courts remains rooted in traditional which is the subject of national legal analysis in methods (Myers et al. , 2. (Nurdin, 2. this article. Thus, the implementers of customary (Nurdin, 2. (Kasim & Nurdin, 2. (Eka, justice need not be apprehensive in administering The 1945 Constitution, which is the the resolution of minor cases presented to them. Number 10/2008 Law Reform, 22. , 2026, 150-167 Master of Law. Faculty of Law. Universitas Diponegoro In order to avoid an overabundance of cases in Law enforcement institutions, which formal courts, simple cases are settled in ideally should strengthen and synergize with customary courts (Husin, 2. customary mechanisms, often show inconsistent The backlog of cases in formal courts is In some cases, disputes resolved by customary leaders are disregarded by law resolution procedures, starting from claims and enforcement officers, and conflicts are instead complaints to ending with a verdict. In addition, brought to formal judicial processes, resulting in there is the problem of judicial corruption, and verdicts that fail to restore community harmony. certain cases are resolved faster than others. Conversely, there are also instances where law Instead, issues are resolved more quickly in enforcement excessively intervenes in the traditional courts. There are cases that are workings of customary institutions, reducing their actually directly resolved at the site of the conflict. autonomy and legitimacy. Conversely, there are This is because the settlement of cases through occasions where law enforcement intrudes customary courts still adheres to the principles of excessively into the operations of customary fast, compact, cheap, fair, straightforward, institutions, undermining their autonomy and transparent, and responsible (Buana & Djanggih. This disparity between the formal (Sururi. Ali, & Mansur, 2. acknowledgment of customary law and the Most importantly, the process of resolving practical actions of law enforcement reveals a cases is carried out by deliberation and producing significant gap that remains to be effectively peace (Mansur. Sulaiman, & Ali, 2. The effectiveness of restorative justice within AcehAos Prior customary law framework is highly influenced by concentrated on the function of customary law in the role of law enforcement institutions (Arief & Aceh Ambarsari, 2. (Marlina & Mulyadi, 2. restorative justice within IndonesiaAos national legal While customary law has strong legitimacy at the Nevertheless, there is a scarcity of community level and is normatively recognized studies that have specifically examined the under Article 18B of the 1945 Constitution, its relationship between law enforcement and restorative justice-based conflict resolution in the inconsistencies when interfacing with state law realm of Acehnese customary law. This study is therefore unique in its attempt to bridge normative In empirical practice . as sei. , however, legal principles with empirical field practices, the implementation of customary law-based highlighting how the role of law enforcement either supports or hinders the realization of Law Reform, 22. , 2026, 150-167 Master of Law. Faculty of Law. Universitas Diponegoro restorative justice within customary institutions (Maswandi. Ingratubun, & Ingratubun, 2. traditional norms and adat institutions influence (Rochaeti. Prasetyo, & Park, 2. governance, management, and community rights Comprehensive evaluations indicate that (Yulia & Herinawati, 2. (Ismail. Mantali, & restorative justice operates a flexible Moha, 2. (Widjajanto. Astawa, & Rulyandi, framework within Indonesia's diverse legal This methodology bolsters the credibility This study aims to examine the impact of of local legal institutions while conforming to law enforcement on restorative justice-oriented international restorative frameworks (Kurniawan dispute resolution within the customary law et al. , 2. (Kurniawan et al. , 2. (Sutanti et framework in Aceh. The research specifically seeks to ascertain the degree of alignment application of restorative frameworks in both between law enforcement and the normative criminal and digital justice contexts (Irwanto et al. provisions acknowledging customary law, assess (Setiyawan et al. , 2. , while providing the practical challenges encountered, and offer recommendations to enhance the collaboration psychological aspects and effects of restorative between state legal institutions and local processes (Lloyd & Borrill, 2. These studies customary justice systems. The current advancements in this field can be discerned from pertinent prior work. Recent Simultaneously, inherent difficulties in the coexistence of state law enforcement and indigenous judicial systems. research on restorative justice and customary law Nevertheless, although previous studies in Indonesia reveals a growing scholarly focus on the dynamic interplay between state law restorative justice and customary law, there has been no specific research examining how police Rochaeti and Sutanti assert that involvement influences restorative justiceAebased customary courts play a crucial role in the reform conflict resolution within the framework of of criminal law by facilitating discourse and customary law in Aceh. Therefore, this study reconciliation based on moral, cultural, and offers a novel perspective and makes both religious principles (Rochaeti & Sutanti, 2. empirical and conceptual contributions to the This perspective aligns with the findings of those ongoing discourse on legal pluralism and who assert that customary justice systems restorative justice in Indonesia. community-based enhance IndonesiaAos criminal justice system through local wisdom values (Akbar, 2. Law Reform, 22. , 2026, 150-167 Master of Law. Faculty of Law. Universitas Diponegoro RESEARCH METHODS are regulated by Article 98 of Law Number 11 of This research is descriptive and use to paragraph . of Article 13 of Aceh Qanun research tools, to comprehend the law in practice 9/2008, law enforcement officials must first allow and examine its operation within a social context. conflicts to be resolved in accordance with local The empirical legal research methodology is Furthermore. Article 14 states that the sometimes termed sociological legal research, as customary settlements referred to in Article 13, it examines individuals within the framework of paragraph . , include those at the village their social interactions. The principal methods . level and those conducted by customary institutions, with the aim of reviving observation, interviews with pertinent sources customary institutions to organise community life related to the research subject, and the according to local wishes. Aceh Qanun Number incorporation of secondary data. The primary data 10/2008 stipulates that customary institutions for this study was obtained from multiple sources, function as a means of community participation in including the Imeum . of Mukim Nosar, the government administration, development and village head . , the community leader (Petue community development, as well as in solving Mud. , the Central Aceh Regency Resort Police, social problems. According to the Qanun, the the Pegasing Sector Police, non-commissioned customary institutions in Aceh are: . Acehnese law enforcement officers stationed in villages, and indigenous peoples. the leader . 2006, which governs the Aceh region. According community policing officers within the Pegasing The customary criminal justice system Sector Police jurisdiction. This research employs begins with the receiving of reports, the a legislative technique. The data gathered for the summoning of parties and witnesses, the holding study was analyzed qualitatively. Concurrently, of deliberations, and the conclusion of the inductive inferences are derived. decision of the leadership of the customary institutions, as evidenced by interviews with the RESULTS AND DISCUSSION chairman of the mukim nosar indigenous people. Authority. Principles and Sanctions of This procedure is used to carry out the objectives Customary Courts in Central Aceh of settlement efforts through customary law and to As in other parts of Indonesia, there are still Central Aceh achieve goals in the adjudication process. Customary institutions function as one system customary values and rules passed down from with various components that resolve disputes ancestors to resolve neighbour disputes at village and have different roles in the administration of The customary institutions in force in Aceh the customary justice system. The traditional legal Law Reform, 22. , 2026, 150-167 Master of Law. Faculty of Law. Universitas Diponegoro system has always been aware of changes in restoration of justice in 18 minor criminal cases. The implementation of customary justice These observations illustrate that the function of processes is based on sanctions decided upon by the police as enforcers of formal law eclipses that the local customary law council. of customary law community institutions, thereby The Role of IPC in Restorative Justice- diminishing the efficacy of conflict resolution Based Conflict Resolution Against Communities. based on customary law, which consequently perpetuates challenges in the enforcement of The participation of customary institutions customary law within the local region. In practical across various strata of society is inextricably terms, however, researchers have encountered linked to the implementation of customary justice instances, such as domestic conflicts and minor in Aceh. The jurisdiction of this institution to offenses, that are resolved by law enforcement legislate on diverse issues encountered by the personnel or through formal judicial mechanisms. community is notably extensive. A significant This scenario stands in stark contrast to the number of the prevailing laws reference legal stipulations of Article 13 paragraph . of Aceh principles that have evolved within society over Qanun These statutes are enforced by recognized enforcement officials must first facilitate the institutions, and the communities regard them as resolution of disputes through customary means a foundational reference for the application of within villages. This implies that all minor offenses customary law to an array of challenges faced by are mandated to be addressed initially via village local populations. Insights derived from an interview with the head of Mukim Nosar, along The Role of the Police as a Law with Kasihandi. Sirwan . , and Syahbandar Enforcement Agency in Case Resolution (Petue Mud. , indicated that the mukim's authority and Indigenous Life Development in as a customary law institution involves addressing Central Aceh 9/2008, Article Aceh Qanun 9/2008 designates the head of Gampong or Mukim as the Nevertheless, empirical observations conducted authority for case resolution at the Gampong or by researchers reveal that each conflict that arises Mukim level, while the police serve as law is typically addressed by filing a report with law enforcers overseeing the decisions made in enforcement through community policing officers, village dispute resolutions. conflict resolution is wherein the role of the police in conflict resolution categorized into three types: civil, criminal, and within the community is predominantly oriented special conflict resolution pertaining to women towards formal legal frameworks, emphasizing the and children. All of these classifications are Law Reform, 22. , 2026, 150-167 Master of Law. Faculty of Law. Universitas Diponegoro designated as "dispute resolution". All categories self-governing of disputes, as delineated in Article 13 Paragraph indigenous communities. 1 of Aceh Qanun 9/2008, are, in this instance. Nevertheless, research in the domain This is predicated on the Joint Decree indicated that community dispute resolution is including the Governor, the Chief of Police of Aceh, and the Chairman of Aceh Indigenous Peoples, 189/677/2011, implemented is significantly influenced by the 1054/MAA/XII/2011, and No. B/121/1/2012, on the police, resulting in the frequent disregard for the execution of Gampong and Mukim Customary provisions and enforcement of customary policies Courts in Aceh. In customary law societies, and sanctions established in customary courts. disagreements are handled by discourse and Customary Justice Relations between the consensus via customary institutions (Garcia. IPC and law enforcement officials Disemadi, & Arief, 2. The resolution of The Acehnese people are known for their criminal offenses through customary law can be attained via penal mediation employing a unchanged since the kingdom's reign during the restorative justice framework that emphasizes the colonial period and until the present day. Regional active involvement of offenders, victims, and the Regulation implementation of customary life and the role and fundamentally as assaults on individuals and/or authority of customary institutions in Aceh, among communities (Rochaeti et al. , 2. other things. This regional regulation describes Consequently, 7/2000 one of the characteristics of Aceh's special autonomy and privilege, as set out in Law No. theoretically flawed, as it jeopardizes the dynamic 4/1999 on the implementation of customary life. and community-oriented nature of customary law Chapter Xi. Article 98. Paragraphs 1 and 2 of by transforming it into static norms. This Law Aceh 11/2006 explain that customary institutions function as a means of community No. participatory nature of customary law, which draws its legitimacy from the dynamic social Government of Aceh and district/city governments relations within the community rather than from in matters of security, peace, harmony and public legislative formalities (Junaidi & Susanto, 2. More specifically, customary institutions Therefore, control over both its normative content pursue the settlement of social problems in a and procedural implementation should reside customary manner (Junaidi & Susanto, 2. Simultaneously, the Aceh Qanun delineates Law Reform, 22. , 2026, 150-167 Master of Law. Faculty of Law. Universitas Diponegoro stipulations for the responsibilities, powers, prioritize the principle of sincerity. Resolving entitlements, and duties of customary institutions, as well as customary empowerment and commendable and virtuous practice, beneficial for Interviews indicate that the police coexistence in society and in accordance with the significantly mediate and resolve conflicts within will of Allah Almighty. The principles contained in indigenous groups in the Central Aceh district Acehnese customary law are teachings in Islam, (Kasihandi, 2. (Sirwan, 2. (Syahbandar, and the settlement of disputes or disputes by This indicates the belief within customary custom does not contradict Islamic teachings. law societies that conflicts ought to be resolved Customary institutions in Aceh can be preserved through both traditional methods and the as they play a significant role in society and jurisdiction of formal law enforcement. Interviews mainly align with Islamic law. Customary with the Public Relations Division of the Central institutions in Aceh serve a crucial role in the Aceh Police corroborate these findings, indicating effective execution of Islamic law, and the that the Chief of Police designates officers to government has formally recognized these each village within every sub-district to promote Interviews with the Public Relations dispute resolution and uphold public order at the Officer of the Central Aceh Police Resort revealed community level. However, the case still refers to that all conflicts arising within the customary law formal law so that the community is more community, including 18 minor criminal cases, dominant in resolving disputes or cases that occur were sent to the police for resolution within the in customary law communities that need to be community (Asman, 2. Deny Zhariyanto resolved in a formal legal manner. In fact, the law Situmorang stated that the case was referred by has guaranteed that customary institutions officials who conducted data collecting and function and act as institutions that solve social received complaints at the local Sector Police. problems in a customary manner. Every conflict that occurs is facilitated by law Obstacles to Restorative Justice-based enforcement authorities, and there is a burden of Case Resolution with Customary Courts physiological pressure on the community to fight The empowerment of Customary Justice in Aceh is one form of effort to build the character of every case that is decided to be accepted (Situmorang, 2. a civilized nation in the form of providing The findings indicate that in many cases, encouragement and coordinating with various communities tend to disregard customary law- agencies related to law enforcement (Pujiyono, based solutions and instead prioritize seeking When legal problems and events occur, intervention from the police. This tendency is solutions are sought in a familial way and Law Reform, 22. , 2026, 150-167 Master of Law. Faculty of Law. Universitas Diponegoro understanding of customary mechanisms for neglecting customary courts that have been resolving disputes and addressing social issues recognised by law. The role of law enforcement among indigenous peoples. Therefore, stronger officials in restoring justice in communities in collaboration between customary law institutions conflict is important and dominant. Meanwhile, the and law enforcement officials is essential to ensure that community problems are resolved customary law for sanctioning perpetrators who effectively and in a way that is culturally violate community rules is neglected. However, interviews with the nosar mukim and police chiefs revealed that the REFERENCES