Legal Pluralism in Kalimantan: A Study of the Dual Application of Criminal Law and Customary Law in Dayak Society

Abstract

This research examines legal pluralism in Kalimantan through the dual application of formal criminal law (KUHP) and Dayak customary law in the resolution of criminal cases. Case studies include murder in Kutai Barat (2021), Mempawah Hulu (2018), and theft in Sengah Temila (2018). A qualitative approach was used with document analysis and case reports. Results show that customary mechanisms such as fines and ‘pati nya’ rituals are effective in restoring social harmony, but have the potential to conflict with the formal legal system. This research recommends the integration of customary law into the national legal system, in accordance with Article 18B paragraph (2) of the 1945 Constitution and Permendagri No. 52/2014.