Hukum Adat Dayak Kalimantan || Jenis Hukuman Adat Bagi Pelanggarnya

Summary

The video script discusses the enduring presence and importance of customary law (hukum adat) in Indonesia, with a focus on the Dayak community in Kalimantan. It explores how adat law remains an integral part of Indonesian culture and governance, even alongside national laws. The script delves into specific types of Dayak adat law, such as the Saud, Satta Ngabar, and Fatin Jawa, which address various offenses. The video highlights how these laws are enforced within the community, detailing both material and symbolic sanctions. Additionally, it touches on the broader legal recognition of adat law in the Indonesian constitution.

Takeaways

• 😀 Hukum adat (customary law) plays a significant role in the lives of many indigenous communities in Indonesia, including the Dayak people.
• 😀 The 1945 Indonesian Constitution (Article 18B, paragraph 2) acknowledges and respects the existence of customary law and the traditional rights of indigenous communities.
• 😀 Customary law is an essential part of Indonesia's legal system, alongside state law, as stated in Article 27 of the Constitution, which ensures that all citizens, including government officials, are bound by the law.
• 😀 The Dayak Kalis community in Kalimantan practices its own form of customary law, which has evolved over hundreds of years.
• 😀 There are four main types of customary law in the Dayak Kalis community: Saud, Satta Ngabar, Fatin Jawa, and Adat Kampung.
• 😀 Saud is a form of reconciliation law used in cases of minor offenses, focusing on restoring peace with surrounding spirits.
• 😀 Satta Ngabar is applied in cases where injuries or permanent disabilities occur as a result of the offense, whether intentional or not.
• 😀 Fatin Jawa is the customary law for cases resulting in death, where the offender may also face state law after customary penalties.
• 😀 Adat Kampung applies when an offense is caught in the act, such as violations of specific village customs, particularly during ceremonial or spiritual restrictions.
• 😀 Two types of sanctions exist within Dayak Kalis customary law: Banua (basic law) which involves material fines (such as gongs and traditional items), and Tolak Bala (additional law), which is imposed for actions believed to anger spirits and requires communal rituals and animal sacrifices.

Q & A

What is customary law and why is it important in Indonesia?

Customary law is a form of law that is still practiced in Indonesian society, especially within indigenous communities. It holds significance as it governs various aspects of daily life and cultural practices, and continues to exist alongside formal state law.

How does the 1945 Indonesian Constitution recognize customary law?

The 1945 Constitution acknowledges customary law by recognizing the unity of indigenous communities and their traditional rights, provided they remain relevant and in line with the development of society and the principles of the Indonesian Republic.

What does Article 18B of the 1945 Constitution say about customary law?

Article 18B, paragraph 2 of the 1945 Constitution states that the state recognizes and respects indigenous communities and their traditional rights, as long as they continue to exist and are in accordance with societal development.

What does Article 27 of the 1945 Constitution emphasize regarding the rule of law?

Article 27, paragraph 1 of the 1945 Constitution emphasizes that all citizens are equal before the law and government and are obligated to uphold the law, without exception.

Can customary law be enforced in modern Indonesia?

Yes, customary law can be enforced within certain communities, as seen through the continued existence of indigenous courts and customary legal apparatuses, which are supported by state law.

What is the Dayak customary law, and where is it practiced?

The Dayak customary law is a set of legal practices among the Dayak people, particularly those residing in the Kapuas Hulu Regency, West Kalimantan. It governs various social, criminal, and cultural matters specific to the Dayak community.

What are the four main types of customary law in Dayak society?

The four main types of customary law in Dayak society are: 'Saud' (a symbolic peace-making law), 'Satta Ngabar' (a decision for cases resulting in lifelong disability), 'Fatin Jawa' (a law for cases leading to death), and 'Adat Kampung' (punishments for crimes committed within the community).

What is 'Saud' in Dayak customary law?

'Saud' is a form of law that symbolizes peace and reconciliation with the surrounding spiritual forces. It is typically used for minor offenses and aims to restore harmony.

How is 'Satta Ngabar' applied in Dayak customary law?

'Satta Ngabar' applies to serious cases where the victim suffers permanent injury or severe harm. It involves decisions made to address the damage caused to the victim.

What happens under 'Fatin Jawa' in Dayak customary law?

'Fatin Jawa' is applied in cases that result in the death of an individual. Even after customary law penalties, the accused may still be subject to official legal processes.

What is 'Adat Kampung' in Dayak customary law?

'Adat Kampung' is a form of punishment for those caught in the act of violating community rules or taboos, such as committing sacrilegious acts or violating sacred customs like funeral practices.

What are the two types of Dayak customary law related to material sanctions?

The two types of Dayak customary law related to material sanctions are 'Adat Banua' (basic customary law) which involves fines or material compensation, and 'Tolak Bala' (additional customary law), which is a community-demanded punishment to prevent spiritual repercussions.

What is the role of material objects in Dayak customary law, especially under 'Adat Banua'?

'Adat Banua' uses objects of cultural value, such as gongs, pots, or ceremonial items, as material compensation for offenses. These objects are integral to resolving disputes and restoring balance within the community.