Authority of Sarak Opat in Settlement of Environmental Pollution Cases

ABSTRACT

be protected, maintained, preserved, and used optimally for the welfare of the Indonesian people.
Fishing activities carried out by fishermen continuously have positive and negative impacts.The positive impact is that the Indonesian people can take advantage of the natural wealth produced from the marine sector and can enjoy these marine products.The negative impact is in the form of damage to nature in the sea if the fishing gear used by fishermen to catch fish actually damages the ecosystem in the sea, one of which is the destruction of coral reefs which are nothing but a place for fish to grow and develop.There are many types of fishing gear used by fishermen in Indonesia, depending on the environment in which they want to catch fish and what target fish they want to catch (Prastanto & Susilowati, 2016).
So each fishing gear has its own advantages and disadvantages depending on its use, fishermen must be smart in choosing which fishing gear to use so that their catch can be maximized (Sumintarsih, et al, (2005), p. 57).Lately, the existence of fishing gear such as the padang hoe type has begun to spread around the Lut Tawar lake area, Central Aceh.According to the Regulation of the Central Aceh Regent Number 19 of 2021 concerning Capture Fisheries Business in the Public Waters of the Land of Central Aceh Regency, what is meant by Hoe Padang is a lifting net that is operated in the waters at night by using light as a factor to attract fish that is installed permanently in the waters, consisting of a series of bamboo that is installed longitudinally and transversely.
This type of fishing gear uses bamboo charts floating in the middle of the lake with electric lights.The existence of hoe type fishing nets in Lake Laut Tawar reaches 300 units.With details of the number of padang hoes in Bintang District as many as 214 units, Kebayakan 10 units and Lut Tawar District 30 units.As a result of massive and uncontrolled fishing practices and disregard for local culture, this is very dangerous for the preservation of Lake Lut Tawar.So if it continues to be left unchecked, fish endemic to Lake Lut Tawar, such as the depik fish, are threatened with extinction.This type of fishing gear is prohibited based on Regional Regulation of Central Aceh District Number 5 of 1999 concerning Management of Fresh Sea Lakes and Fisheries Biological Resources.
In the Indonesian legal system, customary law is called unwritten law (unstatuta law) which is different from written law (statuta law).Customary law was born from awareness of human needs and desires to live in a just and civilized way as the actualization of human civilization (Samosir, 2013, p. 1).The same thing was stated by Titik Triwulan Tutik, the customary law system originates from unwritten regulations that grow and develop and are maintained with the legal awareness of the community, and that customary law has a traditional type based on the will of the ancestors, meaning that for legal order it is always given great respect for the sacred will of the ancestors (Tutik, 2006, p. 100).
The application of customary law in Indonesia is very diverse, each region has its own customary law and is different from one another.Starting from those that are clearly very close to Islamic law to those that still adhere to anism, there are customary laws that adhere to patrilineal, matrilineal, but also those that adhere to a parental system.Van Vollenhoven divides 19 customary law circles in Indonesia, namely Aceh, Gayo, Minangkabau, South Sumatra, Malay, Bangka-Belitung, Kalimantan, Minahasa, Gorontalo, Toraja, South Sulawesi, Ternate, Maluku, Irian, Timor, Bali and Lombok, Java Central and East Java Solo, Yogyakarta and West Java" (Wignjodipoero, 1967, p. 89 Regarding disputes or cases that can be resolved according to custom through customary institutions, it is expressly regulated in Article 13 of Qanun Aceh Number 9 of 2008 concerning Development of Customary Life and Customs including: a).Disputes in the household; b).Disputes between families related to faraidh; c).Disputes between residents; d).Khalwat (meusum); e).Disputes about property rights; f).Theft in the family (petty theft); g).Common property disputes; h).Petty theft; i).Pet livestock theft; j.Indigenous violations regarding livestock, agriculture, and forests; k).Disputes at sea; l).Disputes in the market; m).Mild abuse; n).Forest burning (on a small scale which harms indigenous communities); o).Harassment, slander, incitement, and defamation; p).Environmental pollution (light scale); q).Threats threaten (depending on the type of threat); and r).Other disputes that violate customs and traditions.
Based on the explanation of the provisions above, customary institutions have the authority to settle cases of environmental pollution as emphasized in Article 13 paragraph (1) letter p of the Aceh Qanun concerning Fostering Traditional Life and Customs mentioned above.Furthermore, the categories of disputes at sea that can be resolved by customary institutions are clarified in Article 9 paragraph (2) of the Governor of Aceh Regulation Number 60 of 2013 concerning the Implementation of Dispute Resolutions/Disputes in Customs and Customs including: a).Catching fish in the estuary / estuary area with certain tools in accordance with local customs; b).Catching area and/or fishing gear; c).Catching certain types of fish that are prohibited by customary law of the sea; e).Destruction of coral reefs in the management area of customary law areas; and f).Coastal forest destruction.
Based on the description above, the problems that will be examined and discussed in this study can be formulated, namely: First, what is the authority of Sarak Opat in solving environmental pollution.Second, what are the barriers to solving environmental pollution?

METHOD
This type of research is empirical normative research.Data sources are obtained from primary data (field data) by conducting interviews directly with related parties and secondary data (library data) is sourced from primary legal materials in the form of research on binding legal materials in the form of laws and regulations, secondary legal materials in the form of books, scientific papers and seminar results relevant to this research, and tertiary legal materials, namely legal materials supporting primary and secondary legal materials.The method of data analysis is carried out by means of data that has been collected both from primary and secondary data will be analyzed qualitatively, so that facts are found as symptoms of primary data that are connected with theories from secondary data.Data is presented descriptively, namely by explaining and collecting problems related to this writing (Surya & Basri, 2020).

RESULTS AND DISCUSSION Authority of Sarak Opat in Settlement of Environmental Pollution Crimes
In a society that still adheres to customary norms in their daily lives, the existence of customary institutions as an alternative to dispute resolution has an important and decisive position.Because customary law does not distinguish between public and private law in its legal principles, the settlement of criminal cases by customary institutions can be considered as a major alternative.This is because the solution offered for a criminal case can have an impact that is directly felt by those involved in accordance with its clear and cash nature.
In customary law communities, disputes that have occurred have long been resolved by deliberation and consensus through traditional institutions such as village courts or what is called customary justice.Usually those who act as judges in these institutions are traditional leaders (traditional heads) and clerics.The authority of the customary justice judge is not solely limited to peace, but also the power to decide disputes in all areas of law which are not divided into criminal, civil, public, and other meanings.In this case the dispute resolution process is carried out based on three work principles to deal with customary cases, namely the principles of harmony, properness and harmony (Koesno, 1978, p. 44).
In positive Indonesian law, the settlement of criminal cases cannot be resolved outside the court process, but in certain cases it is possible to do so.In practice, criminal law enforcement in Indonesia, although there is no formal legal basis, criminal cases are often resolved outside the court process through the discretion of law enforcement officials, peace mechanisms, customary institutions and so on.The consequences are increasingly being applied to the existence of penal mediation as an alternative settlement of cases in the field of criminal law through restitution in the criminal process showing that the difference between criminal and civil law is not that big and the difference is not functioning (Arief, 2008, p. 4-5).
The existence of customary law in Aceh is getting stronger with the birth of the Law on the Government of Aceh (UUPA).This is due to recognition of customary institutions.Customary institutions are given the authority to enforce customary law, as stipulated in Chapter XIII Article 98 concerning customary institutions of the UUPA (Mansur, 2017, p. 30).Based on Article 98 paragraph (1) UUPA "Customary institutions function and play a role as a vehicle for community participation in the administration of the Government of Aceh and Regency/City Government in the fields of security, peace, harmony and order".Article 98 paragraph (2) of the UUPA "Settlement of social problems in a customary manner is pursued through customary institutions.
Further provisions regarding the duties, authorities, rights and obligations of customary institutions, empowerment of customs and traditions as a dispute/dispute resolution institution within the The Gayo people also have their own laws in managing their lives and the laws that live in this society are called customary law.For government that is general in nature, in the Gayo community it is carried out by "Sarak Opat".The existence of Sarak Opat is still there and plays a role in administering village affairs and resolving disputes between villagers.The elements of Sarak Opat in the Gayo community consist of Reje (Penghulu), Imem, Petue and People (Sudere).According to Muhammad Daud Ali quoted by Achmad Surya and Suhartini, each of these elements has its own role that is no less important than the role of the other elements, there is a clear division of labor with a clear nature of tasks (Surya & Suhartini, 2019).
Hakim Aman Pinan emphasized that the background to the emergence of the sarak opat institution internally was: Gayo people cannot be separated from their own customs and culture.They live closely related to the problem of their customs.The ancestors of their time, so that their customs were held as role models, guidelines and laws.So to maintain, protect, carry out and enforce these cultural customs in aspects of life, the Gayo people must have a responsible institution, namely the sarak opat institution (Pinan, 1998, p. 12).
Lately, many people around freshwater lakes, especially in Gegarang Village, Bintang District, have abused fishing activities to become an advantage for themselves without thinking about the lake ecosystem, by using fishing gears such as angkol padang fish which can result in damage to the freshwater lake ecosystem.Now the fishing gear for hooked fish that is installed around the freshwater lake is in the spotlight of the community and the local government of Central Aceh Regency.
According to Alwin as the Supervision Division of the Central Aceh District Fisheries Service, the existence of fishing gear for hooked tuna which is currently mushrooming around freshwater lakes is very dangerous for the preservation of freshwater lakes and has an impact on environmental pollution, and also has an impact on the extinction of depik fish which are endemic fish.the only one in Indonesia that only exists in this Takengon.The same thing was stated by Muhsin as the Reje of Gegarang Village, Bintang District, saying that the impact of the angkol padang fishing gear was very detrimental to other fishermen, because there were not many more fish to get, in fact none at all.Apart from that, the other impact is that it can damage the beauty of freshwater lakes.
Prohibition of catching fish by means of seine nets or shovels is regulated in Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries as follows: (1) Everyone is prohibited from engaging in fishing and/or cultivating fish by using chemical substances, biological materials, explosives, tools and/or methods, and/or buildings which may harm and/or endanger the preservation of fish resources and/or the environment thereof in the fishery management territory of the Republic of Indonesia.
Alwin stated, due to the disruption to the sustainability of freshwater lakes and the impact on environmental pollution, the regional government had made several efforts, such as providing socialization to the people who own the couplings, but the people did not heed what we had tried.So that the last effort, the regional government issued a letter from the Central Aceh Regent regarding notification of fishing efforts around Lake Lut Tawar, to carry out controlling and demolition.
According to Sulaiman, as the owner of the padang hook fishing gear, fishing using the padang hook is my livelihood for some fishing communities to fulfill their basic needs, by catching fish using the padang hook it produces more fish caught in a short time, and uses less effort and costs compared to traditional methods such as mudoran.
According to Nazman, the fishing gear used by the community currently comes from West Sumatra.This fishing gear is not known in Gayo customary law, especially in the Begule tradition.The hoe is a rectangular net with a width of 2 -2.5 m, to catch depik fish in the lake.This is very different from the fishing gear of the padang hoe which is currently rife in Lake Lut Tawar which can catch tons of fish, which has an impact on environmental damage to the freshwater lake.
Based on this description, the hook fishing gear is not justified in Gayo custom, because sarak opat has the authority to settle minor environmental pollution crimes as stipulated in Article 13  The above provisions are justified by Nazman, the sarak opat customary institution has authority in resolving disputes at sea called handler lut, which has the task of carrying out daily technical tasks in the field of sea (begule), and can impose sanctions according to the provisions of Gayo customary law .Therefore, sarak opat has a legal basis for the authority to settle environmental pollution cases, as mandated in the Aceh Qanun and the Aceh Governor's Regulations concerning Implementation.Customary and Indigenous Dispute/Dispute Resolution.custom.

Barriers to Sarak Opat in Settlement of Environmental Pollution Crimes
Law has a very large function and role in the social life of the Gayo people.The function and role of law can be felt from situations of order, peace, and the absence of significant tensions in Gayo society, because law regulates, determines rights and obligations, and protects individual interests and social interests.To obtain this title, as a society living under the umbrella of law, both written and unwritten laws, we must always comply with applicable rules or norms.Customary law can be said to be a bridge in the Gayo customary community, it is said to be a bridge because customary rules and sanctions are a way or guide in reconnecting the warring parties, and this bridge is very strong in maintaining unity and peace in society.
The existence of customary law in the midst of the Gayo community is not only to maintain justice for the parties but also to maintain the integrity of peace for the whole community, meaning that legal settlement exists in addition to maintaining justice for the community as well as maintaining harmony between humans and their natural environment which has been polluted due to community disputes.and must be restored immediately.Sarak Opat as a customary institution has the authority to uphold customary law, both in the form of law violations and disputes between members of the community.It is through law enforcement that customary law rules or norms can be applied, so that lasting order and security can be achieved in society.
Law enforcement implies an activity process of harmonizing values or rules to create peaceful social life.Gayo people have customs with Islamic nuances, the relationship between Gayo customs and Islam is reflected in the expression edetullah, Hukummullah.The function of Gayo adat is to protect Islamic law, this is in accordance with the expression "edet memegeri hukum ", which means that adat protects the law.Customary law in general and in particular the customary criminal law of the Gayo tribe is a living law, because Gayo customary criminal law bases justice on the basis of essential justice values and based on customs and habits that have lasted tens or even hundreds of years.already in effect in the midst of the indigenous people of the Gayo tribe.Article 9 paragraph (2) letter b Central Aceh District Qanun Number 10 of 2002 concerning Gayo Customary Law, states that "sarak opat has the task of resolving disputes based on customary law, customs and habits".Gayo customary law does not distinguish between criminal offenses that must be examined by criminal judges and civil violations that must be examined by civil judges as well.Likewise, it does not differentiate whether it is a violation of custom, religion, decency or decency.All of this will be examined and tried by sarak opat as a single case and consideration whose overall decision is based on all the factors that influence it (Suhartini & Surya, 2022).
However, in practice, the sarak opat traditional institution in resolving environmental pollution cases in Gegarang Village, Central Aceh District, faces obstacles, namely:

Loss of handler function Pawang Lut
Pawang Lut in the Gayo community is an element of sarak opat, a type of service that carries out daily technical tasks.Pawang Lut is a figure who leads the fishing business in Lake Lut Tawar and rivers.The handler Lut must know how to cultivate fish, either alone or together, and he must pay attention to and obey customary norms.The authority, duties, and functions of Pawang Lut can be seen in Article 28 of Qanun Aceh Number 10 of 2008 concerning Customary Institutions, namely: 1).Determine rules for catching fish or meapong, including profit sharing and abstinence from going to sea; 2).Resolving customary disputes and disputes that occur among fishermen; 3).Resolving customary disputes that occurred between Panglima Laot Lhok; and 4).Coordinating the implementation of customary law of the sea, increasing resources, and advocating policies in the marine and fisheries sector to increase the welfare of fishermen.
According to Azman, currently the existence of the lute handler in the Gayo community has greatly reduced, and it can be said that the lute handler is no longer functioning.This has caused the reduction and loss of some types of fish such as the depik fish in freshwater lakes, because the fishing norms are not regulated and no one is monitoring them in accordance with Gayo customs.

Lack of understanding of the Sarak Opat customary institutions
Knowledge and understanding of the Sarak Opat customary institution as a customary justice institution will greatly influence the settlement of cases or disputes that occur in society.The authority of sarak opat in resolving environmental pollution is based on Aceh Qanun Number 9 of 2008 concerning Fostering Customs and Customs and Aceh Governor Regulation Number 60 of 2013 concerning Implementation of Dispute Resolution/Disputes of Customs and Customs which reads: "One of the authorities of the Gampong Traditional Court in Aceh is to resolve cases of environmental pollution, as explained in the previous discussion.
According to Muhsin, I, as reje and an element of sarak opat, do not know that there is any authority in resolving environmental pollution cases as mandated by the Aceh Qanun regarding customary institutions.wife, petty theft, and even then if there is a report first from the public or the parties.
Understanding of the authority of the sarak opat apparatus in Gegarang Village as a customary institution that has authority in resolving minor crimes such as the authority mandated by the qanun of customary institutions in resolving environmental pollution cases is very minimal.The Sarak Opat customary institution, in this case the village fortune, is passive, will not go to people who are in conflict/litigation unless there has been a report from the community.As a result of the proactiveness of the Sarak Opat customary institution, in this case the village fortune, there are several cases/disputes that have been left unresolved.
Based on the explanation above, it can be concluded that the obstacles of the sarak opat customary institution in resolving environmental pollution cases in Gegarang Village, Bintang District, namely: First, the loss of the function of the Pawang Lut in the Gayo community, causing the reduction and loss of some types of fish such as the depik fish in the freshwater lut lake, because the norms of his arrest are not regulated and no one is watching him according to the customs in Gayo.Second, the lack of understanding of the apparatus of the Sarak Opat customary institution regarding the authority to settle cases of minor environmental pollution.

CLOSING
The Sarak Opat customary institution has a legal basis for the authority to settle environmental pollution cases, as mandated in the Aceh Qanun and the Aceh Governor's Regulations concerning Implementation.Settlement of Customs and Customs Disputes/Disputes.Obstacles to the sarak opat customary institution in resolving environmental pollution cases, namely: First, the loss of the function of the handler Lut in the Gayo community, causing the reduction and loss of some types of fish such as the depik fish in freshwater lakes, because the fishing norms are not regulated and no one supervises them accordingly with customs in Gayo.Second, there is a lack of understanding of the apparatus of the Sarak Opat customary institution regarding the authority to settle cases of minor environmental pollution.Arief, B.N. (2008).Mediasi Penal Penyelesaian Perkara Diluar Pengadilan.Semarang : Pustaka Magister.

BIBLIOGRAPHY
community are further regulated by Qanun Aceh Number 9 of 2008 concerning Development of Customary Life and Customs, Aceh Qanun Number 10 of 2008 2008 concerning Customary Institutions, Governor of Aceh Regulation Number 60 of 2013 concerning Implementation of Dispute Resolutions/Disputes on Customs and Customs, and a Joint Decree (SKB) between the Governor of Aceh and the Aceh Regional Police and the Aceh Customary Council No. 189/677/2011 dated 20 December 2011 regarding the Implementation of Gampong and Mukim Customary Courts.
letter p Aceh Qanun Number 9 of 2008 concerning Fostering Traditional Life and Customs, which is further emphasized by Article 9 paragraph (2) of Aceh Governor Regulation Number 60 of 2013 concerning the Implementation of Customary and Customary Dispute Resolutions/Disputes.

Further
, the settlement of cases or disputes through the sarak opat institution in Central Aceh District was strengthened by a Joint Decree of the District Head of Central Aceh, Chair of the DPRK and Chair of the MAA of Central Aceh District Number 373 of 2008, Number 320/DPRK/2008, Police Number B/810/ 2008 Res Aceh Tengah and Number 110/MAA/V/2008 concerning Agreements for Settlement of Minor Crime Cases through the Village Traditional Court.
).The existence of customary courts in Aceh is recognized by a number of laws and regulations, including Law Number 11 of 2006 concerning the Government of Aceh, Aceh Qanun Number 9 of 2008 Fostering Customary Life and Customs, Aceh Qanun Number 10 of 2008 concerning Customary Institutions, and Joint Decree of the Governor of Aceh, Head of the Aceh Regional Police and Chairperson of the Aceh Traditional Council Number: 189/677/2011, 1054/MAA/XII/2011, B/121/I/2012 Concerning the Implementation of Gampong and Mukim Customary Courts or Other Names in Aceh.