International Journal of Law and Society
Vol 5 No 3 (2026): International Journal of Law and Society (IJLS)

Customary Criminal Justice and National Criminal Law in West Kalimantan: A Legal Pluralism Analysis with Dayak, Malay and Chinese Comparisons

Anshari (Universitas Muhammadiyah Pontianak, Indonesia)
Gunarto (Universitas Islam Sultan Agung, Indonesia)
Bambang Tri Bawono (Universitas Islam Sultan Agung, Indonesia)
Eka Nugraha Putra (National University of Singapore)



Article Info

Publish Date
05 Nov 2026

Abstract

Constitutional recognition of customary communities does not establish the legal effect of their criminal settlements. This study examines customary justice in West Kalimantan, its interaction with national criminal law, and a harmonisation model. The normative-empirical socio-legal analysis incorporates eight key informants from customary, religious, civil society, and government institutions. The evidence cited includes a focus group discussion (FGD) held on June 19, 2025, at Universitas Muhammadiyah Pontianak, joint interviews with leaders of the Dayak Tae and Dayak D'sa communities on June 23, and additional institutional interviews with the Kanayatn community, which were documented in August. The Tae account emphasises consensual relational repair through sapu meja; the joint account connects wrongdoing with social, ecological, and spiritual disequilibrium. A Chinese Confucian representative describes moral responsibility and community organisations. The Malay documentary account emphasises marwah, deliberation, and differentiated roles. Legal analysis distinguishes community recognition, conduct covered by the Criminal Code, and qualifying living-law offences, examining Government Regulation No. 55 of 2025 and Articles 79-88 of the current Criminal Procedure Code. The proposed model connects evidence of living norms, legal classification, documented coordination, and rights review. Its contribution distinguishes socially accepted reconciliation from legally established finality. The disharmony identified is analytical and potential; no verified case of conflicting official decisions is claimed. Implementation requires differentiated responsibilities for customary institutions, government, police, prosecutors, and courts. The sources support contextual interpretation; model effectiveness remains untested.

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Journal Info

Abbrev

IJLS

Publisher

Subject

Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

International Journal of Law and Society (IJLS) focuses on law and social studies theory and practice. It publishes articles by Indonesian and foreign authors dealing with current national and international law, legal philosophy, legal history and other law-related social science disciplines. It ...