Abstract
The existence of customary courts in Indonesia is still prevalent. It had been erased and brought back again by national law. The present customary court is used by the Toraja Tribe. This article answers the questions of how is the execution of customary court in Lembang Nanggala Sangpiasalu and whether or not Kombongan is still used. Both questions are answered through research using the socio-legal method. The authors conducted interviews with To Parenge traditional leaders and a few members of the Lembang Nanggala Sangpiasalu society. The results show that the customary court still uses Kombongan and also musyawarah (discussion), but it is no longer obligatory to use the four levels of hierarchy Kombongan has. Parties involved in a dispute settled by Kombongan may choose to proceed with the higher levels of Kombongan or settle it through the district court.
Highlights
Disputes in various areas in Indonesia had been solved by customary courts
The state acknowledges and respects the customary law community and their traditional rights so long as they live according to the development of society and Indonesia’s principles (Priambodo, 2018)
It serves as a place to share troubles, but tongkonan is more than a house, it is the center of the Toraja Tribe’s social life
Summary
Disputes in various areas in Indonesia had been solved by customary courts. The state acknowledges and respects the customary law community and their traditional rights so long as they live according to the development of society and Indonesia’s principles (Priambodo, 2018). Development of customary law according to the social-cultural conditions of the society of the traditional village This act thereby marks the Indonesia’s government’s recognition of dispute settlement through customary court. They anallyzed how the Indonesian constitutional court deals with the recognition of customary rights as outlined in the constitution Their statement is customary law and constitutionalism can co-exist in the same vision in Indonesia's pluralistic society. 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. The main objective of this paper is analysis of the execution of customary court in Lembang Nanggala Sangpiasalu and whether or not Kombongan is still used
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