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ISSN: 0171-4996, Vol. 12, No. 2, 2022, pp 1101-1107

Alternative Dispute Outside of Court Through the Role of Pengulu in Nagori

Silao Paribuan Simalungun Regency
Abdul Rahman Maulana Siregar1, Saidin2, Runtung3, Edy Ikhsan4
1
Student of Doctoral Program in Law, University of Sumatera Utara, Medan, Indonesia
2,3,4
Lecturer of Doctoral Program in Law, University of Sumatera Utara, Medan, Indonesia

Abstract

Alternative dispute outside of court is carried out through the role of Pengulu in Simalungun Regency,
especially in Nagori Silou Paribuan in resolving disputes that occur between communities, it is necessary to
make efforts to resolve disputes fairly and wisely to avoid wider disputes between communities. Dispute
resolution is carried out through customs that have been carried out by the community or the previous
Pengulu. Pengulu has a very large and important role in resolving disputes between communities in a
democratic manner based on the principles of deliberation and consensus, to realize the harmonization of
social and national life, to achieve justice, peace, welfare and community happiness in the midst of rapid
development and change in society. The resolution carried out by Pengulu in disputes between communities
did not reach the court but was resolved by deliberation through a process or method carried out by Pengulu
because the sense of kinship is still high and the role of Pengulu still has a big influence on the local
community.

Keywords: Alternative Dispute Outside of Court, Pengulu.

INTRODUCTION
Nowadays, social life is quite dynamic, so it is not rare for arguments to arise between members of one group and another
owing to differences in interests. In social life, there are different methods for reaching an agreement in a case procedure
or for resolving a conflict. There are still villages in Indonesia that use customary/community conflict resolution systems.
This system is considered as more efficient, speedier, and gives a sense of justice in terms of the community's cosmic
balance. The indigenous community of Tenganan Bali, which has a functioning government structure, laws, and customary
institutions that coexist with the national legal system, is the only one that strictly adheres to customary law. Customary
sanctions are typically more deterrent than state-imposed sanctions.1
-rumah tradisional, alat-alat musik dan jambangan antik selain makanan dan minuman – senilai 150 juta rupiah dalam
bentuk uang dan HSL menyatakan akan membayar denda tersebut. Concerning national-scale issues which resolution is
carried out by customary leaders, particularly, conflicts in Kalimantan between indigenous peoples and British plantation
firms, the resolution of which is carried out by customary leaders. When the villagers of Terusan discovered that the
contractor's bulldozers had damaged around 100 hectares of their forest and farmland, as well as disturbed the burial
area. Following the trial under customary law, the community made very strong requests. According to local customary
law, the HSL business must pay a symbolic punishment for the destruction of woods and grave regions as a result of the
decision. This included turning up traditional dwellings, musical instruments, and antique vases, as well as food and drinks
worth 150 million rupiah in cash, and HSL stated that it would pay the fine.
Furthermore, when PT. Inco built the Larona hydropower plant, 95 households living on the banks of Lake Matano
petitioned PT. Inco. The dispute was then settled out of court. PT. Inco is willing to pay compensation and relocate or
construct a mosque to a higher location.
Of the various disputes and cases that are resolved informally or out of court through the role of leaders of their respective
customary law communities, this role in society in Indonesia is still very large and influential for the community in resolving
disputes that occur between communities outside of the court. Furthermore, the contesting parties must be willing to
follow the choices of dispute resolution agents such as kings, religious leaders, village heads, hamlet heads, or other
community leaders. This is due not only to the authority of their leaders, but also to the fact that the parties punished do
not want to face additional difficulties if they do not comply with the judgments that have been made. This is because the

1
Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI) dan Australian Aid, 2014, Panduan Bantuan Hukum Di Indonesia, Yayasan Obor Indonesia, Jakarta,
hlm. 38.
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ISSN: 0171-4996, Vol. 12, No. 2, 2022, pp 1101-1107
punishments imposed on the disputing parties in dispute resolution are tailored to their capacities, such as the ability to
pay sanctions, settle fines, and so on.
The function of the village head as a conflict settlement mechanism has been strengthened in numerous nations through
legal politics that recognizes (recognition) and state legal instruments. The Government of Papua New Guinea established
the Community Justice Liaison Unit (CJLU) as an official part of the governance field in the Law and Justice Sector, with the
goal of increasing conformity and consistency between formal and informal systems in increasing the capacity of judicial
actors outside the State.2
In West Samoa, the village chief, or Fono, is responsible for developing appropriate community regulations, resolving
disputes through customary debate, and determining what type of sanctions should be enforced. The Fono institution still
exists in Western Samoa and is protected by the Village Fono Act of 1990.3
Within the jurisdiction of North Sumatra Province, particularly in Simalungun Regency, Nagori Silao Paribuan, and Silao
Kahean District. Researchers look at disagreements that occur between communities and are mediated by the
Pengulu/village leader. If there is a dispute between communities, the Pengulu/village leader resolves it by a decision in
the form of a peace/statement or agreement.
One of the disputes whose resolution was by the Pengulu/village head in Nagori Silou Paribuan, Silou Kahean District,
namely between Mardianto as the first party and Ardi Purba as the second party whose resolution was by the Pengulu,
i.e., the parties had agreed to have and put it in the Statement Letter Together to make peace regarding land border
issues. According to the terms of the peace agreement, the second party is willing to revoke the oil palm plantations that
have crossed the land border, and the rice plants belonging to the second party will remain their property until the rice
can be harvested, and the second party will not seek compensation from the first party for this problem; however, the
first party is willing to pay the second party money in advance. Following the resolution of these conflicts by their
respective Pengulu in Simalungun Regency, it is vital to make efforts to handle disputes fairly and sensibly in order to avoid
disagreements that lead to more widespread cases between communities. In the midst of rapid development and change
in society, Pengulu plays a very large and important role in resolving disputes between communities in a democratic
manner based on the principles of deliberation and consensus, in order to realize the harmonization of social and national
life, to achieve justice, peace, welfare, and community happiness. The Pengulu's resolution in the dispute did not go to
court, but was resolved by deliberation through the Pengulu's process or technique since the sense of kinship is still strong
and the Pengulu's function in the local community is still significant.

METHOD
Type of research
This research is descriptive in nature, defining and assessing the difficulties that will be presented, and is carried out using
a normative juridical approach and an empirical juridical approach, specifically by performing field research. The normative
juridical approach is carried out by researching library materials or using only secondary data 4 with the intention of
approaching the problem by looking at applicable laws and regulations as well as reading sources relevant to the research
theme5 which includes principles law, legal systematics, legal history, legal sources6, statutory regulations of a scientific
theoretical nature that can analyze the problems to be discussed and add other data obtained.
Type of data
This study utilized of both primary and secondary data, specifically:
Primary data, that is, information acquired directly from the field about the issues that would be discussed through
interviews with Pengulu.

2 Pat Howley, Incorporating Custom Law into State Law in Melanesia, (Queensland: International Diploma in Restorative Justice at Queens University,
2007, Hal. 1.
3 Gabriel, Maxwell and H. Hayes. Restorative Justice Developments in the Pacific Region: A Comprehensive Survey. Dalam Contemporary Justice Review,

9 (2), 2006, Hal. 144-145.

4 Tampil Anshari Siregar, Metodologi Penelitian Hukum Penulisan Skripsi, Pustaka Bangsa Press, Medan, 2005, hlm. 23.
5
Soerjono Soekanto dan Sri Mamudji, Penelitian Hukum Normatif Suatu Tinjauan Singkat, PT Raja Grafindo Persada, Cet. V, Jakarta, 2001, hlm. 14.
6
Liza Erwina, Ilmu Hukum, Pustaka Bangsa Press, Medan, 2012, hlm. 125, yang menyatakan: sumber hukum adalah segala sesuatu berupa tulisan,
dokumen, naskah dan sebagainya yang dipergunakan oleh suatu bangsa/negara sebagai pedoman hidup pada masa tertentu.
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Secondary data, namely data gathered through library research on the research materials utilized, which include primary,
secondary, and tertiary legal materials, including:
Primary legal materials are authoritative, in the sense of possessing authority and binding force, 7 and are the main
elements in the form of statutory rules.
Secondary legal resources are legal documents that explain primary legal elements.8 for example, books on out-of-court
dispute resolution, research results, and works by the general public.
Tertiary legal materials include periodicals, the internet, legal dictionaries, and other resources that provide instructions
and explanations for primary and secondary legal texts.

RESULT AND DISCUSSION

Pengulu's Role in Inter-Community Dispute Resolution in Simalungun Regency
Pengulu was elected directly by the local Nagori community in accordance with Simalungun Regency Regional Regulation
Number 2 of 2016. According to Law No. 6 of 2014 about Villages, the conditions for becoming a Pengulu candidate are:
Fear God Almighty; Loyalty to Pancasila as the foundation of the state, the 1945 Constitution, the Unitary State of the
Republic of Indonesia, and the Government;
Junior high school or similar schooling is required.
A minimum age of 25 years is required.
Villagers willing to be nominated as Village Head;
Never been convicted of a felony that has a minimum sentence of 5 years;
Have not had their voting rights removed; Have never served as Village Head for more than 10 years or twice; and fulfill
additional qualifications imposed by Regency/City Regional Regulations.
Pengulu is primarily accountable to the people of Nagori, and his accountability processes are reported to the
Regent/Mayor via Camat. Pengulu is required to provide information on the accountability report to Badan
Permusyawaratan Desa (BPD) and the people by conveying information on the main points of responsibility, but the
community can still inquire and/or request further information on matters relating to accountability through the BPD.
Article 15 of the Simalungun Regency Regional Regulation Number 2 of 2016 addressing Nagori comprises of Pengulu and
those helped by Tungkat Nagori in the administration of the Nagori government. The Nagori Secretariat, Regional
Executive, and Technical Executive make up Tungkat Nagori. Tungkat Nagori is a supporting component of Pengulu. The
Pengulu is responsible for directing and coordinating their respective subordinates, as well as providing direction and
instructions for the execution of subordinate duties.
Pengulu's responsibility is to carry out obligations, in this case, to resolve and reconcile disputes that arise between
communities, as stipulated in the Simalungun Regency Regional Regulation Number 2 of 2016 concerning Nagori. Pengulu
can resolve and reconcile disputes or community disputes in Nagori as regulated in Article 24 paragraph (4) letter k. The
Regional Regulation is in accordance with Law No. 6 of 2014 Governing Villages. According to Article 26 paragraph (4)
letter k of the Village Law, the Pengulu is required to handle communal conflicts in the Village while carrying out its tasks.
Furthermore, the status of the Pengulu, who is obligated to settle disputes in the Village community, is stated and
confirmed in Article 26 paragraph (4) Letter k, Law Number 6 of 2014 concerning Villages. Although it is unclear what type
of conflict Pengulu must handle, it might be taken contextually that Pengulu has the obligation and authority to build a
safe and peaceful society among the villagers by addressing many forms of disputes that happen in the community. Legal
concerns, economics, politics, religion, ethnicity, class, self-esteem, and other factors can all lead to horizontal disputes.
The rules in the Village Law and the Simalungun Regency Regional Regulation in resolving disputes between communities
in this case are based on a Memorandum of Understanding in resolving disputes between communities, namely between
the Chief Justice of the Supreme Court of the Republic of Indonesia, the Minister of Law and Human Rights of the Republic
of Indonesia, the Attorney General of the Republic of Indonesia, and the Head of the State Police of the Republic of

7
Peter Mahmud Marzuki, 2005, Penelitian Hukum, Prenada Mulia, Jakarta, hlm. 141.
8 Soerjono Soekanto, Op.cit, hlm. 52.
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Indonesia. Furthermore, special requirements are outlined in the Regulation of the State Police of the Republic of
Indonesia Number 8 of 2021 concerning Handling Crime based on Restorative Justice.
It is hoped that the role of Pengulu would be effective in settling disputes and ensuring that the rights of all parties are
maintained. If required, Pengulu might enlist the Police in addressing any conflicts that arise. The procedure of
implementing dispute settlement that occurs is carried out in accordance with the preceding Pengulu's habits.
According to the research done at the research location, in general, by the people of Nagori, if a dispute arises, the parties
who have been affected by the victim can pursue the following resolution procedures:
If a conflict arises, the victim or both parties may report it to Gamot and/or Pengulu.
If the Pengulu gets a report from Gamot or the victim, he or she must promptly set a timetable for dispute settlement by
inviting Gamot, Secretary Nagori, and Maujana nagori, which is normally done at the Pengulu Office or Village Hall, or at
the parties' houses, as agreed upon by each side.
Prior to the execution of dispute resolution, the Pengulu or through Gamot normally approach the parties to find out the
disputed problems that occur, as well as the parties' willingness or agreement to be resolved peacefully.
During the dispute settlement process, the parties are represented by witnesses or, in most cases, members of each
family.
The Pengulu resolves disputes with the help of Nagori authorities such as Gamot and Maujana nagori, as well as traditional
leaders, community leaders, and religious leaders.
Except in cases of divorce or domestic abuse, settlement is done in a formal and open manner.
The Pengulu communicated the problems that happened to the parties during the dispute settlement procedure. If there
are witnesses who are aware of the problems, the Pengulu will enable the witnesses to present information regarding the
problems.
Furthermore, the Pengulu gave parties like Gamot and Maujana nagori, as well as traditional authorities, community
leaders, and religious figures, the opportunity to submit answers or alternatives for settling the issue.
The Pengulu, along with the parties participating in the conflict resolution, hold a deliberation to determine the conclusion
of the conciliation to be allowed or decided. Typically, either orally or in writing, if the writing is in the form of a Statement
Letter, Letter of Agreement, or Peace.
If the parties participating in the dispute settlement have decided to produce a peace outcome, the Pengulu will express
to the disputing parties the peace outcome as well as the losses sustained as a result of one of the parties' acts to make a
Statement, Letter of Agreement, or Peace.
If one or both parties do not agree with the outcomes of the Statement, Agreement, or Reconciliation Letter, the parties
may take their dispute to the Police or the Court based on the results of the implemented Statement, Agreement, or
Reconciliation Letter.
As a result of the settlement, one or both parties will face sanctions based on the acts taken, with the severity varying
depending on the type of dispute that arises.
The punishments include usually apologies from both sides, money, food, and societal sanctions such as cleaning houses
of worship, schools, and roads, among other things.
Following the release of the agreement's conclusions, the sanctions imposed by the peace decision are carried out by
deliberation. The decision's implementation is determined by the type of dispute at hand. Some of the settlement
solutions might be carried immediately directly and agreed by the parties, while others are carried out the next day.
The punishments include usually apologies from both sides, money, food, and societal sanctions such as cleaning houses
of worship, schools, and roads, among other things.
Following the release of the agreement's conclusions, the sanctions imposed by the peace decision are carried out by
deliberation. The decision's implementation is determined by the type of dispute at hand. The execution of the settlement
findings can be done immediately and accepted by the parties, and some are done the next day.

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Dispute Resolution Process in the Community through Pengulu in Simalungun Regency
Simalungun Regency, in particular, is populated by a diverse ethnic community with noble ideals and a strong belief in the
notion of kinship or brotherhood. This research relates on the resolution of disputes that occur between communities and
are decided by the Pengulu in the village community, particularly in Nagori in Simalungun Regency.
Pengulu is a communal figure who can play a vital role in resolving disputes. This is inextricably linked to the Pengulu's
standing as a respected member of his community. Furthermore, according to Village Law Number 6 of 2014, the Village
Head is a government leader in the Village who has a strong (authoritarian) position and is supposed to be effective in
carrying out the task of resolving disputes that arise between communities.
The definition of the Pengulu's obligation as a mediator in any current problems to mediate disputes/disputes between
communities in Nagori. The problem is not just restricted to the realm of civil law, particularly between two people, but it
can also be seen from a different legal perspective. In relation to the aforementioned issues, resolving a conflict outside
of court is more effective and efficient due to the Pengulu's control over the dynamics of his own community.
The mechanism or process used by each Pengulu in resolving disputes amongst communities is determined by the
leadership style of each Pengulu. However, in resolving the conflict, the Pengulu in Simalungun Regency emphasizes the
existence of a win-win solution.
When there is a dispute between communities, the Pengulu will invite or summon the opposing parties to the Village Hall
or Pengulu Office for consideration.
The conflict resolution process is carried out with a persuasive approach, bringing the two disagreeing parties together to
find the best solution so that problems do not reoccur and a fair conclusion is reached for all. With a win-win solution
strategy, the practice is to collect information from each party and then submit several alternative solutions chosen by
each party so that the problems they encounter can be totally handled without anybody feeling they won or lost.
The resolution of these issues has been passed down from generation to generation as a method of addressing problems
that have occurred, will occur, or will continue. Dispute resolution employs a blend of religious teachings and local law
by including religious leaders, traditional leaders, community leaders, families, Gamot, Maujana nagori, and witnesses
from each party. As a result, disputes between people in Nagori are settled by taking into consideration prevalent norms
and do not contradict religious teachings.
Based on the rules in Simalungun Regency Regional Regulation Number 2 of 2016 concerning Nagori, Simalungun Regency
Regional Regulation Number 13 of 2006 concerning the Nagori Government, and Law Number 6 of 2014, it is carried out
in terms of resolving disputes that occur between communities because it follows the settlement method and community
customs that the previous Pengulu carried out. This strategy has been used for generations as an alternative conflict
resolution procedure for the following generation.
According to the findings of interviews conducted at the research site, the following methods or procedures are frequently
used in settling these disputes:
If a dispute arises, the victim or both parties may report it to Gamot and/or the Pengulu. Pengulu and Gamot asked each
party to explain the main issues that occurred so that a solution could be found, and after understanding the main issues
that occurred, a schedule for resolving the dispute would be determined with the participation of Gamot, Maujana nagori,
as well as traditional leaders, community leaders, and religion leaders.
The criteria for disputes that can be settled through the Pengulu function are not precisely defined, but they commonly
include theft, fights/commotions, attempted harassment, pets ruining crops/fields, domestic violence, divorce, debt
repayment, compensation for developing roads and boundaries. Typically, family disagreements do not involve a large
number of people.
Dispute resolution is usually carried out at the Pengulu Office or Village Hall, or at the parties' homes, depending on what
each party has decided, and at the time of dispute resolution, the parties are represented by witnesses or usually from
each family, with a settlement carried out officially and openly, except in cases of divorce and domestic violence.
The parties are requested to explain the problems that arise in turn during the dispute settlement process. Following
completion, if there are witnesses who are aware of the problems that occurred, the Pengulu will allow the witness to
provide information on the problems that occurred, as well as parties such as Gamot, Maujana nagori, and also traditional
leaders, community leaders, and religious leaders to convey and consider solutions or alternatives in dispute resolution
that are acceptable to both parties.
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If the parties participating in the dispute settlement have decided to produce a peace outcome, the Pengulu will express
to the disputing parties the peace outcome as well as the losses sustained as a result of one of the parties' acts to make a
Statement, Letter of Agreement, or Peace.
Thus, all issues have been resolved, followed by apologies from the parties for what had occurred and welcomes at the
conclusion of the settlement.
If one or both parties disagree with the results of the Statement, Agreement, or Reconciliation, it is up to the parties to
decide whether to proceed with litigation.
Peace in the form of sanctions must be carried out either orally or in writing, especially for parties who have damaged the
other party. Sanctions are typically imposed in accordance with the outcomes of the peace letter and statement letter in
the form of advice, warning, apology, compensation, supplying food, and also societal sanctions such as cleaning houses
of worship, schools, highways, and so on. The goal of these sanctions is to improve behavior and serve as a deterrent to
future abusers.
If the Pengulu has issued a peace letter and a statement letter, the sanctions will be in accordance with what has been
agreed upon and agreed upon by the parties involved in the dispute settlement, and the results will be binding on the
parties as regulated in Law Number 30 of 1999 concerning Arbitration and Alternative Settlement. The dispute is also
regulated in the Simalungun Regency Regional Regulation Number 13 of 2006 concerning the Nagori Government in
Article 57 paragraph (2) that in order to reconcile the dispute or disputes referred to in paragraph (1) letter k, the Pengulu
can be assisted by a customary institution, namely all resolved disputes. The Pengulu's reconciliations are binding on the
contending parties.
According to the procedures and procedures adopted in dispute resolution as described above, in the event of a dispute
between communities, the community in Nagori, the research location, is not directly reported to the police or district
court, but is first resolved through the role of the leader and Nagori apparatus. Out-of-court settlements through debate
as an effort to maintain good relations between communities, and court settlements as a last resort if all peace efforts
fail.

CONCLUSION
The Pengulu's role in resolving major issues arising from disputes between both parties is to present Gamot, Traditional
Leaders, Family Parties, witnesses, Community Leaders, and Religious Leaders who are appointed directly by the Pengulu
to seek information, opinions, or information on problems that arise. If the Pengulu discovers inconsistencies in the
information, the steps that will be taken as a final settlement of the dispute are to request an agreement from both parties
to make peace, which means that the dispute can be resolved immediately by the two parties to the dispute so that it
does not cause problems in the future. a disagreement between the two disputing parties.
Based on the rules that have been regulated, namely Simalungun Regency Regulation Number 2 of 2016 concerning
Nagori, Simalungun Regency Regional Regulation Number 13 of 2006 concerning the Nagori Government, and Law
Number 6 of 2014, the Pengulu does not know much about his duties and authorities, particularly in terms of resolving
disputes in the community, which in this case is only carried out because it follows the settlement method that has been
established. Similarly, the community does not know if there are problems or if disputes may be addressed through the
role of the Pengulu, but solely based on the community's historical habits. Similarly, the procedure for settling conflicts
between the parties is carried out in accordance with custom, as was done by the former Pengulu-Pengulu. Although it is
not controlled in special laws in writing form in general, the settling practice follows the customs that have been carried
out by the community for years.

REFERENCES
[1]. Gabriel, Maxwell and H. Hayes. Restorative Justice Developments in the Pacific Region: A Comprehensive Survey.
Dalam Contemporary Justice Review, 9(2), 2006.
[2]. Hendra Nurtjahjo dan Fokky Fuad, 2010, Legal Standing Kesatuan Masyarakat Hukum Adat “Dalam Berperkara Di
Mahkamah Konstitusi”, Salemba Humanika, Jakarta.
[3]. Liza Erwina, Ilmu Hukum, Pustaka Bangsa Press, Medan, 2012.

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ISSN: 0171-4996, Vol. 12, No. 2, 2022, pp 1101-1107
[4]. Pat Howley, Incorporating Custom Law into State Law in Melanesia, (Queensland: International Diploma in
Restorative Justice at Queens University, 2007.
[5]. Peter Mahmud Marzuki, 2005, Penelitian Hukum, Prenada Mulia, Jakarta.
[6]. Soerjono Soekanto dan Sri Mamudji, Penelitian Hukum Normatif Suatu Tinjauan Singkat, Raja Grafindo Persada,
Jakarta, 2001.
[7]. Tampil Anshari Siregar, Metodologi Penelitian Hukum Penulisan Skripsi, Pustaka Bangsa Press, Medan, 2005.
[8]. Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI) dan Australian Aid, 2014, Panduan Bantuan Hukum Di
Indonesia, Yayasan Obor Indonesia, Jakarta.

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