LAW REFORM
Vol 22, No 2 (2026)

Socio-Legal Approach to the Patinyawa Custom as a Dispute Resolution Mechanism Dayak Hibun Indigenous Community

Sri Ismawati (Faculty of Law, Universitas Tanjungpura)
Alfonsus Hendri Soa (Faculty of Law, Universitas Tanjungpura)
Syarif Hasyim Azizurrahman (Faculty of Law, Universitas Tanjungpura)
Alfina Damayanti (Faculty of Law, Universitas Tanjungpura)
Christoph Sperfeldt (Macquarie Law School, Macquarie University)



Article Info

Publish Date
20 Aug 2026

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.

Copyrights © 2026






Journal Info

Abbrev

lawreform

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

s a peer-reviewed journal published since 2005. This journal is published by the Master of Law, Faculty of Law, Universitas Diponegoro, Semarang. LAW REFORM is published twice a year, in March and September. LAW REFORM publishes articles from research articles from scholars and experts around the ...