Penal Mediation Based on Dayak's Customary Local Wisdom in Borneo Island, Indonesia

Contenu principal de l'article

Cahya Wulandari, Nyoman Serikat Putra Jaya, Esmi Warassih


This research aims to present, analyze, and find the penal mediation model chosen and applied in the settlement of criminal cases by the indigenous Dayak community in Palangka Raya City. Based on this model, a penal mediation built on local wisdom will be formulated for settling such cases in the future. Meanwhile, a qualitative research method based on the philosophy of relative and contextual legal interpretivism or constructivism was employed. The data used were Customary Community Decisions, alongside written and unwritten rules for the Indigenous Peoples of Dayak. Additional data sources were observations supported by interviews with traditional leaders and customary criminal experts in Palangka Raya City. The models used in the settlement of criminal cases in this Indigenous community are the Victim-Offender Mediation and Family and Community Group Conferences, based on 96 Articles from the Tumbang Anoi 1894 Peace Agreement. Subsequently, some crimes in this community are often resolved through customary institutions with the mechanism stated in Regional Regulation Number 16 of 2008 concerning Institutional Dayak Adat. Hence, settlement through these institutions is considered more in line with the local wisdom, capable of realizing the values of justice desired by the involved parties and restoring the cosmic balance. The practical implication is related to the realization of enforcement guidelines that accommodate the living national criminal law, which is a type of reform. Theoretically, this research aims to determine the right mediation formulation based on Dayak customary law as part of Indonesia's legal culture.

Renseignements sur l'article