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Alfonsus Hendri Soa
Faculty of Law, Universitas Tanjungpura
Law, Crime, Criminology & Criminal Justice

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Socio-Legal Approach to the Patinyawa Custom as a Dispute Resolution Mechanism Dayak Hibun Indigenous Community Sri Ismawati; Alfonsus Hendri Soa; Syarif Hasyim Azizurrahman; Alfina Damayanti; Christoph Sperfeldt
LAW REFORM Vol 22, No 2 (2026)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v22i2.62733

Abstract

The Patinyawa custom, practised by the Dayak Hibun community in Sanggau Regency, is an example of customary law as living law. This research aims to improve our understanding of the custom's philosophical values, mechanisms and problem-solving processes, with a particular focus on reconciliation between perpetrators and victims, and the restoration of social relations. This is important because dispute resolution based on local wisdom and aligned with restorative justice remains under-explored. The analysis examines living law, legal pluralism, and restorative justice, emphasising reconciliation, ecological balance, and communal togetherness over revenge. The findings demonstrate that the Patinyawa mechanism focuses on restoring relationships and maintaining microcosmic and macrocosmic harmony, serving as a restorative approach to dispute resolution. They also demonstrate that Patinyawa represents a form of legal pluralism based on justice and legal certainty, where customary and state laws coexist in resolving disputes. In conclusion, Patinyawa is a concrete example of living law integrating restorative justice into the criminal justice system by harmonising legal certainty and justice through customary rituals and local wisdom values.
Co-Authors Alfina Damayanti Christoph Sperfeldt Sri Ismawati Syarif Hasyim Azizurrahman