The 1st Dayak Customary Court

As a historical record in order to be a lesson for all of us because history is “Historia vero testis temporum ” (witness of the times) — according to the famous historian Marcus Tullius Cicero (106-43 BC

This is the first time that an Adat Court Session has been held against someone outside the Dayak community and outside the “Dayak island”, namely Kalimantan.

What does “Customary Court Session” mean?

According to Ter Haar, at the community level throughout the islands in Indonesia, especially Kalimantan, there is social life in these groups that behave as one unit with the outside world, inside and outside. This group of people usually has fixed and eternal laws, and these people live life as it should, as determined by nature. No one ever thought about disbanding the group.

“These people,” said Ter Haar, “have earthly and heavenly treasures.” To oversee the implementation of customary rules that must be obeyed by all members of the community, a social organization known as the Customary Institution was formed. The Customary Institution consists of all traditional/traditional leaders who are mandated by the community to jointly solve problems and common interests, including overseeing the implementation of customary rules.

The First Customary Court Session, in history, was flawed on behalf of Thamrin Amal Tamagola. He was asked to be held accountable for his statement, his testimony was judged to be wrong. Thamrin was tried at an adat court for making statements that led to wrong opinions about the social life of the Dayak people who he said were “usual” to have free sex.

Customary law in Kalimantan applies along with positive law. The two are in line. At the sub-district-national level, there is the Dayak Customary Council (DAD).

Among the Dayaks, there are traditional fines, “adat recht” or singer in Dayak Ngaju traditons. There are canons, a kind of codification of customary law.

At the national level, for cases involving outsiders, or groups that are in conflict with the Dayak community, there are customary court sessions. There is a Customary Strengthening Commission. There is an Indigenous Advisory Council.

This commission meets. After listening, and weighing it here and there with a balanced dacin (scale) then bringing a case to the Dayak Customary Court. Usually, it is held in the place/city where the President of the National Dayak Traditional Council (MADN) resides, or resides.

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The First Customary Court Session, in history, was flawed on behalf of Thamrin Amal Tamagola. He was asked to be held accountable for his statement, his testimony was judged to be wrong. Thamrin was tried at an adat court for making statements that led to wrong opinions about the social life of the Dayak people who he said were “usual” to have free sex.

Thamrin, for his statement, was asked to be held accountable. In a “manly manner” he came and was held at a traditional meeting in Palangka Raya, where the residence of the President of MADN I at that time, Teras Narang.

Thamrin Amal Tomagola was found guilty at the Dayak Traditional Council meeting, Saturday (22/1-2021). 

The chairperson of the Dayak customary assembly, Lewis KDR, said that Thamrin Amal Tomagola was obliged to comply with several customary demands. Apart from apologizing. Thamrin is required to pay a customary fine, hand over five pikul garantung (gong) and bear the cost of the traditional peace ceremony of Rp. 87 million.

The obligation was indeed fulfilled by Thamrin.

Source of illustration: Tempo.co Saturday, 22 January 2011

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Masri Sareb Putra
Articles: 729

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