PERADILAN ADAT DAYAK DALAM PERSPEKTIF PLURALISME HUKUM STUDI FORUM KETEMENGGUNGAN ADAT DAYAK KABUPATEN SINTANG

Adat

Abstract

The existence of customary law within Indonesia’s legal system demonstrates that dispute resolution does not always rely on state judicial institutions. However, limited empirical research examines how customary judicial institutions operate as socially legitimate mechanisms of dispute resolution within local communities. This gap is evident in studies of Dayak communities in West Kalimantan, which predominantly approach customary law from anthropological or historical perspectives rather than examining customary adjudication within contemporary legal pluralism. This research employs an empirical juridical approach using a socio-legal method that combines normative analysis of national legal frameworks with empirical examination of customary dispute resolution practices. Primary data were obtained through in-depth interviews with customary leaders (Temenggung), community leaders, and parties involved in customary dispute resolution, complemented by field observations and document analysis. Data were analyzed qualitatively using a descriptive-analytical approach. The novelty lies in examining the Ketemenggungan Customary Forum as a local legal institution that receives, examines, and resolves community disputes based on Dayak customary norms while interacting with state law. The study demonstrates that the Forum functions as a socially legitimate mechanism of customary adjudication within Indonesia’s plural legal system.