Implementation of Customary Court Policy in Parigi Moutong Regency
- May 20, 2022
- Posted by: rsispostadmin
- Categories: IJRISS, Law, Social Science
International Journal of Research and Innovation in Social Science (IJRISS) | Volume VI, Issue IV, April 2022 | ISSN 2454–6186
Implementation of Customary Court Policy in Parigi Moutong Regency
Basir1, Sutarman Yodo2, Nurhannis3
1Postgraduate Doctoral Program, Tadulako University
2Faculty of Law, Tadulako University
3Faculty of Social and Political Sciences, Tadulako University
ABSTRACT
This study focuses on 1 (one) problem formulation: How is the Implementation of Customary Court Policy in Parigi Moutong? The theory used is the theory of Policy Implementation Thomas B Smith, using 4 (four) factors, namely, (1) Idealized policy, (2) Target group, (3) Implementing organization, (4) Environmental factor. This research uses qualitative research methods with observation, interviews, and documentation data collection techniques. Snowball determination of informants. Miles, Huberman, and Saldana interactive data analysis, including data collection, condensation, presentation, and conclusion drawing. The study results show that implementing the Customary Court Policy in Parigi Moutong Regency has been running, but it has not been effective. Even in some villages and sub-districts, it is getting weaker and forgotten. Factors causing the ineffectiveness of policy implementation: inaccurate and consistent communication, both internally and externally, the implementing organization is not supported by an excellent organizational structure and sufficient corporate resources, Social, economic, and political environment is not supportive. The Central Sulawesi Governor’s Regulation No. 42 of 2013, concerning Guidelines for Customary Courts in Central Sulawesi, should be a policy that encourages and directs customary stakeholders but has not been used as a guideline and reference in implementing the traditional justice process.
Keywords: Customary Court, Policy Implementation.
Introduction
The ability of the State to provide access to justice (access to justice) to the community is not commensurate with the area and geographical conditions of Indonesia. So, in a situation like this, customary courts can be empowered to fill the inability of the State to provide access to justice in regions in Indonesia. This condition makes the National Strategy for Access to Justice (SNAK), launched by BAPPENAS in 2009, relevant because it has recommended strengthening the informal justice or Customary Courts as one of the strategies to strengthen access to justice for the community, especially for the poor. Who live in remote areas and have almost no access to formal justice.
