Abstract:
Jaokote (Kinship) System and Community Justice System : A case study on Ban Siao, Wang Chai Subdistrict, Nam Pong District, Khon Kaen Province is a qualitative research aiming to study the background, model, and operation of the Jaokote system, which is a customary justice work, also the type of litigation or dispute used to settle the issue, including the advantages and limitations of using the system , the condition of existence of Jaokote system within the community and the changes that occur when other community justices are implemented by the government that reflects the government agencies perception and perspective on the use of Jaokote system, and finally suggesting the linkage between the Jaokote system and the community justice system for benefit of the justice system development. The researcher collected data by using three techniques: documentary study, focus group, and in-depth interviews with 12 key informants for content analysis. The results of the study revealed that 1) the Jaokote system had elders whom the parties and community respected, trusted, and accepted their behavior and rationalization when judging conflicts to mediate and settle disputes between the individuals. The dispute resolution process is simple: the mediator inquires about the stories and reasons of both parties, then lets the parties directly agree on compensation in front of the mediator and mediates reconciliation. After that, jointly establish a dispute settlement agreement that takes into account the needs of both parties. Ban Siao will use the Jaokote system for crimes committed by children or youths, domestic violence, offenses committed against each other through negligence, private crimes, including indecency, and misdemeanors. The Jaokote system has the advantage of helping to maintain the mental state of the parties and their relationship together. It also reduces the burden on the local government and reduces conflicts in society. This saves time and costs for the public while minimizing the operational problems faced by the criminal justice system by suppressing minor disputes. There are limitations ; for example, clinging to faith in the individual destabilizes the system ; it may be appropriate to use in smaller societies ; and there is no law to support the effect of mediation if Jaokote, the community mediator, is not trained to register as a public sector mediator. 2) The Jaokote system exists in relation to other types of community justice work in the public sector. By adjusting to the conditions of community justice operations in the government sector, including having more than one mediator and the provision of written documents in the dispute resolution process as evidence for legal reference. 3) The government sector has limited awareness of the Jaokote system used to deal with conflicts within the community. Although there is a view that the Jaokote system has the potential to initially settle disputes, there is still a hesitant response if it has to be promoted as part of the local justice system. 4) The researchers recommendations for linking the Jaokote system for the benefit of the justice process are that the community should be encouraged to seriously adopt the Jaokote system, which is traditional justice, as part of the community justice system in the village. And the government sector should come to help with the necessary legal knowledge and support the village headman, the village committee, the members of the community justice network, and the current generations of Jaokote who have been trained in the mediation course according to the Mediation Act B.E. 2562 (2019) in order to register as public sector mediators in accordance with the law.