RESTORATIVE JUSTICE IN THE CUSTOMARY JURISDICTION OF THE DAYAK TRIBE COMMUNITIES OF WEST KALIMANTAN

Abstract

This study aims to investigate the application of restorative justice within the customary legal systems of communities belonging to the Dayak tribe in the Indonesian province of West Kalimantan. The villages that are part of the Dayak tribe have a long-standing tradition of settling disagreements via various sacraments and rituals, including restorative justice. On the other hand, customary practices are increasingly disappearing due to the growing impact of recent legislation and the government's legal system. This investigation is carried out with Socio-Legal Research, with data being gathered through semi-structured interviews and various observational techniques. Traditional community leaders, community members, and persons previously participating in restorative justice are among the participants. Despite the growing influence of modern law, the findings of this research demonstrate that groups within the Dayak tribe continue to use restorative justice techniques. Many people believe that using restorative justice to resolve conflicts and preserve communal harmony is a beneficial strategy. The community members value the participation of traditional leaders in the process of restorative justice since these leaders are regarded as being objective and competent. The research also emphasizes specific problems experienced by the communities that are a part of the Dayak tribe in implementing restorative justice. These challenges include limited resources and the growing influence of modern law. Despite this, the people who live in the village continue to acknowledge the significance of the traditional rituals and have expressed a commitment to maintaining them.