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All Journal Journal of Sustainable Development and Regulatory Issues Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Paul Atagamen Aidonojie
School of Law, Kampala International University
Environmental Science Law, Crime, Criminology & Criminal Justice Public Health

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Non-Penal Conflict Resolution and Islamic Legal Culture: Evidence from Sunni–Shia in Indonesia Muwaffiq Jufri; Paul Atagamen Aidonojie; Ousu Mendy; Ebrima Sarr; Raphael Daoud Jackson-Ortiz
Unnes Law Journal Vol. 12 No. 1 (2026): May, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v12i1.48337

Abstract

This study aims to analyze the potential success of a religion-based conflict-resolution approach grounded in non-penal policies of Islamic legal culture. The use of this method is important for resolving the Sunni-Shia conflict in Sampang Regency. This study contributes to the development of guidelines for regional governments on the use of non-legal policies to resolve religious conflicts. This study uses empirical legal research methods with a socio-legal and anthropo-legal approach. The findings of this study reveal that penal policies for conflict resolution are ineffective in resolving conflicts quickly and only perpetuate stigma regarding which religious sects are right and which are heretical. This study also reveals that, when attempting to resolve and prevent disputes, non-penal methods grounded in Islamic legal culture are more effective in resolving religious conflicts more quickly and peacefully, with a familial approach, while avoiding violent means in resolving religious sectarian differences. This study concludes that the non-penal approach should be strengthened by assigning a role to local actors within the Madurese tradition to conduct the resolution process, so that former Shia followers, who are still being rejected, can be appropriately addressed. This study recommends that the government adopt a non-penal approach to facilitate the immediate completion of the post-conflict reconciliation and reconstruction process.
The Future of Bali’s Kerauhan Tradition: Legal Pluralism, Reforms, and Conflict Adjudication Challenges Praditha Dewa Gede Edi; Rahayu Mella Ismelia Farma; Perbawa I Ketut Sukewati Lanang Putra; Paul Atagamen Aidonojie; Adelowo Stephen Asonibare
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (2026): Journal of Sustainable Development and Regulatory Issues
Publisher : Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v4i1.149

Abstract

This study analyzes the regulation of the kerauhan tradition in Bali within the framework of legal pluralism from a legal anthropological perspective. Balinese customary law conceptualizes kerauhan as a sacred and non-pathological spiritual phenomenon intended to preserve communal harmony and cosmic balance, whereas the national legal system is constructed upon empirical verification and rational causation. This distinction gives rise to a fundamental epistemological divergence between customary and state legal orders. The research applies an empirical juridical method with a qualitative design. It gathers data through in depth interviews with customary leaders, direct observation of ritual practices, and systematic analysis of relevant awig awig provisions. This approach enables a contextual evaluation of how plural legal systems operate in addressing incidents related to kerauhan. The findings indicate that: first, Balinese customary law recognizes and regulates kerauhan as a legitimate sacred mechanism grounded in spiritual authority and communal belief, rather than as a pathological act; second, a structural and epistemological disparity between customary and national law produces legal tension, particularly because customary dispute resolution relies on ritual validation while state institutions require material evidence and objective causation, thereby creating complexity in cases involving bodily injury or property damage; and third, modernization and tourism have commodified kerauhan, transforming it into a public spectacle and digital media content, which gradually reshapes its social meaning and influences generational perceptions. The study concludes that the development of a responsive and integrative pluralistic legal framework is necessary to accommodate indigenous epistemology while ensuring legal certainty, accountability, and substantive justice.
Co-Authors Adelowo Stephen Asonibare Ebrima Sarr Muwaffiq Jufri Ousu Mendy Perbawa I Ketut Sukewati Lanang Putra Praditha Dewa Gede Edi Rahayu Mella Ismelia Farma Raphael Daoud Jackson-Ortiz