KOMPETENSI DAN INTEGRITAS HAKIM ADAT DALAM MENEGAKAN HUKUM ADAT DAYAK PADA PERKARA TINDAK PIDANA DI SAMPIT KABUPATEN KOTAWARINGIN TIMUR

Abstract

Background: The competence of customary judges in deciding customary criminal
cases is certainly one of the important requirements so that customary judges have
integrity, but in fact, for customary judges in Sampit, East Kotawaringin Regency,
this has not been found. If the customary judge does have competence and integrity,
justice in deciding customary criminal cases will certainly be realized. Objectives
of the study: To examine and analyze the process of recruiting Dayak Customary
Judges in Sampit, East Kotawaringin Regency and to find out how Customary
Judges resolve criminal cases.
Method: The approach method used in this research is a normative juridical
approach or doctrinal law research. Research
Results: Based on the results of interviews conducted by the author with several
informants, that related to the process of recruiting Dayak adat judges, it was carried
out by direct election, the Dayak adat community, knowing Dayak adat law,
explained their vision and mission. Then, for the method of the Dayak Customary
Judge in Resolving Customary Criminal Cases, which is guided by the 96 Articles
of Customary Law of Tumbang Anoi which is the uniformity of customary law as
a result of the Tumbang Anoi Peace Meeting in 1894. It is equally important that
judges use conscience in making decisions if in certain circumstances. . Conclusion:
The competency or feasibility test is very important for judges, the goal is for Dayak
customary judges to have integrity in carrying out this noble task.
Keywords: Competence, Integrity and Fairness