Research Article
Reconstruction Legal Culture of Madurese Based on Pancasila Values as Criminal Policy in Tackling Carol
@INPROCEEDINGS{10.4108/eai.10-9-2019.2289440, author={WP Djatmiko and Suteki Suteki and Nyoman Serikat Putra Jaya}, title={Reconstruction Legal Culture of Madurese Based on Pancasila Values as Criminal Policy in Tackling Carol}, proceedings={The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia}, publisher={EAI}, proceedings_a={ICIDS}, year={2019}, month={11}, keywords={carok (duel) madurese culture legal culture criminal policy pancasila}, doi={10.4108/eai.10-9-2019.2289440} }- WP Djatmiko
Suteki Suteki
Nyoman Serikat Putra Jaya
Year: 2019
Reconstruction Legal Culture of Madurese Based on Pancasila Values as Criminal Policy in Tackling Carol
ICIDS
EAI
DOI: 10.4108/eai.10-9-2019.2289440
Abstract
This study attempts to uncover carok (duel), a tradition used as a solution to overcome problems related to the humiliation of a man's honor in the Madurese. This homogenous society believes that dying would be better than living enduring shame. It seems that carok becomes a socio-cultural fate for the Madurese, which is a means to express their ethnological destiny. Despite several efforts to prevent carok, such tradition keeps existing. It means that the affirmative legal instruments fail to provide a solution. Therefore, reconstructing the legal culture of the Madurese based on Pancasila's values to overcome the problem is proposed to be an alternative. The study concludes that (1) Carok is chosen because it is a social norm gaining social supports; (2) The effects of using carok are that there are participants who (i) agree, (ii) disagree (iii) agree on carok in the case of humiliation of the wife’s honor only (iv) there is a hope to have powerful generations and there are increasing roles of the local elites (3) The construction of the Madurese legal culture can be achieved by (i) emphasizing the roles of parents and the local elites (ii) influencing people’s perspective that vigilante justice is harmful (iii) building legal awareness and operating a type of the informal justice systems (IJS) named Indigenous People Institution to overcome carok and other social problems.
