The Existence of Dayak Customary Council in Settlement of Criminal Cases Based on Local Awareness (Decision Study of Dayak Customary Council Section No. 01/SMAD-PA/I/2011)

This article describes the Dayak Customary Council’s existence in the resolution of criminal cases based on local wisdom (Study of Dayak Traditional Council Session Decision No. 01/SMAD-PA/I/2011) by describing the position of the Dayak customary court and analysis of the MADN decision against the Thamrin customary violators. The existence of indigenous peoples with their traditional rights has received constitutional recognition in Indonesia. Although customary courts’ existence is gradually being eliminated due to the unification of law in Indonesia, in practice, several criminal cases are resolved through customary institutions. Settlement of criminal cases through customary institutions is considered more in accordance with existing local wisdom and can realize the values of justice desired by the parties in the case and restore the balance of the cosmos. One of them is the Dayak Customary Council’s role, which passed Decision No. 01/SMAD-PA/I/2011 by basing the customary trial on the 1894 Tumbang Anoi Peace Agreement. Dayak Customary Institutions get legitimacy through the Regional Regulation of Palangka Raya City, which regulates Dayak Customary Institutions. Recognition of indigenous peoples’ traditional rights can certainly not be separated from the customary laws that apply in the community and become the basis for the settlement of cases through customary institutions that exist as long as they have not been accommodated in state courts.