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CONFLICT RESOLUTION PATTERNS IN INDIGENOUS COMMUNITIES OF INDONESIA: A COMPREHENSIVE STUDY OF THE CUSTOMARY LAWS OF BADUY, KAJANG, AND ANAK DALAM IN JAMBI Rena Yulia; Chairul Huda; Muhamad Romdoni; Achmad Cholidin; Bhanu Prakash Nunna
Indonesia Private Law Review Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i2.4671

Abstract

This study examines the conflict resolution practices of Baduy, Kajang, and Suku Anak Dalam (SAD) Jambi communities, all of whom continue to apply customary law to address violations within their territories. Using a combination of normative and empirical methods with snowball data collection, the research identifies the traditional mechanisms through which these communities maintain social order. Baduy resolve disputes through Silih Hampura, carried out via the Ngabokoran process and guided by Pikukuh, an unwritten code defining customary violations and their resolutions. Kajang apply Pasang Ri Kajang, an oral system that uses oaths, crowbar-burning, or incense-burning rituals in conflict settlement. The SAD Jambi follow a customary framework consisting of four primary and four secondary principles and dua belas categories of violations. Conflict resolution in Kajang and SAD communities typically involves customary fines, while the Baduy impose banishment rather than imprisonment. Across the three groups, the central aim of customary dispute resolution is the restoration of cosmic religious balance, benefiting not only the parties involved but the community and the wider natural order.
From Customary Sanctions to State Law: Legal Intervention in Social Exclusion and Informal Punishment in Indonesian Villages Rena Yulia; Ridwan Arifin
The Indonesian Journal of Legal Intervention in Social Problems Vol. 1 No. 1 (2026): The Indonesian Journal of Legal Intervention in Social Problems, May 2026
Publisher : JUSTISIA GLOBAL EDUKASI

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Abstract

Customary and community-based sanctions continue to play an important role in regulating social behavior in Indonesian villages. Public reprimands, exclusion from community activities, informal fines, social boycotts, and other forms of customary punishment may contribute to social order, yet they can also produce disproportionate consequences and undermine individual rights. This article examines the boundaries between legitimate community-based social control and unlawful forms of social exclusion, focusing on the role of state law as an instrument of legal intervention. Adopting a socio-legal approach, the study analyzes the interaction between customary norms, village governance, social expectations, and national legal standards concerning equality, dignity, and access to justice. The article argues that the state's response should neither automatically suppress customary mechanisms nor uncritically legitimize them. Instead, legal intervention should establish substantive boundaries that distinguish socially legitimate dispute resolution from coercive, discriminatory, or degrading punishment. The contribution of this study lies in developing a framework for legally responsive pluralism in village governance, whereby customary practices may coexist with state law while remaining subject to fundamental rights and procedural safeguards.
Sexual Intercourse with a Corpse as a Crime Against Society and the Urgency of Its Regulation in the New Penal Code Erdianto Effendi; Rena Yulia; Heni Susanti
Kosmik Hukum Vol. 24 No. 3 (2024)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v24i3.22489

Abstract

Murder in criminal law has been regulated in detail, but the actions after murder have not been regulated in such a way. So that the perpetrator is only charged with murder when there are other actions that have different elements. For example, mutilation, intercourse with corpses, and even eating corpses. This paper will examine the acts committed against a corpse after murder, namely intercourse with a corpse. The study is conducted on articles in the New Criminal Code. The purpose of this study is to find out how the New Criminal Code regulates the act of intercourse committed against a corpse after being killed as a response to the development of human actions today. The research method used is normative legal research with a case approach. The result of this research is known that the New Criminal Code does not regulate intercourse with corpses, but only regulates interference with funerals and corpses. This article focuses more on the corpse that has been buried and the destruction of the grave. Regulations regarding corpses that are molested, sodomized or mutilated and eaten after being killed have not been regulated. In fact, these acts currently occur frequently. The act of copulation with a corpse is committed after the victim is killed and before the victim is buried. These acts can be different from the interference with funerals and corpses as referred to in the New Penal Code. 
Hakikat Pengembalian Kerugian Negara; Sebuah Penghukuman Buat Pelaku Atau Pemulihan Bagi Korban? Rena Yulia
Lex LATA Vol. 2 No. 1 (2020): Maret 2020
Publisher : Fakultas Hukum Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/lexl.v2i1.553

Abstract

The phenomenon of returning state losses by corruptors has lately become a trend in the law enforcement process. Some of the returns were made during the investigation stage, during the trial process, some even after the verdict. As a result of returning state losses to perpetrators, among others, get a sentence reduction. However, sometimes the amount of return is not proportional to the total loss of the country as a whole. Therefore, the purpose of this paper is to examine the nature of the recovery of state losses intended to punish the perpetrators or to recover the losses of victims (the state). This will have an impact on the mechanism and effectiveness of returning state losses. This paper is expected to be able to describe in full the nature of the recovery of state losses so that they can be used as a basis for eradicating corruption. key word: corruption; state loss; return
Minorities and the Law: Discrimination and Justice in Indonesia’s Urban Areas Shofriya Qonitatin Abidah; Ridwan Arifin; Rena Yulia; Eko Nuriyatman
Indonesian Minority Justice Review Vol. 1 No. 2 (2024): April, 2024
Publisher : COLLEGIUM JUSTICIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65815/gnwe6327

Abstract

This paper examines the experiences of ethnic and religious minorities in urban areas of Indonesia, focusing on the legal structures that either facilitate or hinder their access to justice. Indonesia’s urban centers, such as Jakarta and Surabaya, are home to diverse populations, yet minorities in these areas often face discrimination in housing, employment, education, and public services. The study reviews the legal frameworks governing urban rights, including the 1945 Constitution, the Law on Ethnic Equality, and municipal regulations, and evaluates their effectiveness in addressing discrimination. Drawing on case studies, interviews with minority group leaders, and surveys of urban residents, the paper highlights the systemic barriers faced by minorities in accessing justice, particularly in relation to land disputes, religious freedoms, and employment discrimination. The findings suggest that while legal protections exist, they are often inadequately enforced or are subject to local political dynamics that favor the majority population. The paper concludes by recommending reforms aimed at improving legal access and ensuring more equitable treatment for minorities in urban areas, including stronger anti-discrimination laws, better enforcement of existing regulations, and the creation of specialized legal services for minority communities.