Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia

Research Article

The Existence of Dayak Customary Council in Settlement of Criminal Cases Based on Local Awareness (Decision Study of Dayak Customary Council Section No. 01/SMAD-PA/I/2011)

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  • @INPROCEEDINGS{10.4108/eai.29-6-2021.2312611,
        author={Esmi Warassih Pujirahayu and Cahya  Wulandari},
        title={The Existence of Dayak Customary Council                  in Settlement of Criminal Cases Based on Local Awareness (Decision Study of Dayak Customary Council Section No. 01/SMAD-PA/I/2011)},
        proceedings={Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICOLEG},
        year={2021},
        month={10},
        keywords={local wisdom dayak customary institutions customary law},
        doi={10.4108/eai.29-6-2021.2312611}
    }
    
  • Esmi Warassih Pujirahayu
    Cahya Wulandari
    Year: 2021
    The Existence of Dayak Customary Council in Settlement of Criminal Cases Based on Local Awareness (Decision Study of Dayak Customary Council Section No. 01/SMAD-PA/I/2011)
    ICOLEG
    EAI
    DOI: 10.4108/eai.29-6-2021.2312611
Esmi Warassih Pujirahayu1,*, Cahya Wulandari1
  • 1: Universitas Diponegoro
*Contact email: esmiwarassih.undip@gmail.com

Abstract

This article describes the Dayak Customary Council’s existence in the resolution of criminal cases based on local wisdom (Study of Dayak Traditional Council Session Decision No. 01/SMAD-PA/I/2011) by describing the position of the Dayak customary court and analysis of the MADN decision against the Thamrin customary violators. The existence of indigenous peoples with their traditional rights has received constitutional recognition in Indonesia. Although customary courts’ existence is gradually being eliminated due to the unification of law in Indonesia, in practice, several criminal cases are resolved through customary institutions. Settlement of criminal cases through customary institutions is considered more in accordance with existing local wisdom and can realize the values of justice desired by the parties in the case and restore the balance of the cosmos. One of them is the Dayak Customary Council’s role, which passed Decision No. 01/SMAD-PA/I/2011 by basing the customary trial on the 1894 Tumbang Anoi Peace Agreement. Dayak Customary Institutions get legitimacy through the Regional Regulation of Palangka Raya City, which regulates Dayak Customary Institutions. Recognition of indigenous peoples’ traditional rights can certainly not be separated from the customary laws that apply in the community and become the basis for the settlement of cases through customary institutions that exist as long as they have not been accommodated in state courts.