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Kadek Dhyan Wahyuni; I Wayan Landrawan; Ni Ketut Sari Adnyani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study examines the implementation of the Manak Salah tradition in Padang Bulia Customary Village from the perspectives of legal certainty and human rights protection. Manak Salah is a customary practice associated with the birth of opposite-sex twins, which in Balinese Hindu cosmology is considered a sacred event that may disrupt the balance between the sekala and niskala realms, thereby requiring purification rituals. Although the contemporary practice of this tradition has become more humane and no longer involves social exclusion, its regulation remains unwritten and has not been formally codified in the village’s Awig-awig (customary law). This condition creates the risk of multiple interpretations, legal uncertainty, and insufficient protection of the rights of children and affected families. This research employs an empirical juridical method with a qualitative approach, using interviews with customary leaders, field observations, and document analysis of statutory regulations and customary legal sources. The findings reveal that the absence of written norms causes the implementation of Manak Salah to rely heavily on the discretion of customary authorities, leading to potential inconsistency and normative vulnerability. This study emphasizes the urgency of codifying the Manak Salah tradition into the Awig-awig as a form of customary law reform aimed at ensuring legal certainty, strengthening institutional accountability within customary villages, and harmonizing customary law with Bali Provincial Regulation No. 4 of 2019 and fundamental human rights principles.

Marzuti Isra; Nayla Rashifa; Ersandi Roihan Putra; Reza Syahputra; Rifadeo Rahmad Siregar +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This literature study examines the construction of cultural identity through socio-economic practices in plantation ecosystems among the Acehnese, Malay, and Chinese communities in Indonesia. Using a systematic literature review of 42 selected sources (1990-2023), the research reveals that plantations function as sites of identity negotiation—dynamic arenas of cultural adaptation and resistance. In Aceh, the integration of Islamic values (zakat [alms] from plantations, meunasah education) and local wisdom (peusijuek rituals) mediates post-conflict reconciliation and identity transformation from "combatants" to "farmers" (Muchlis et al., 2023; Aulia et al., 2024). For the Malay community, the customary-territorial concept of bela kampung (communal defense) underpins resistance to authority fragmentation through gotong royong (mutual cooperation) and communal land allocation (Yunanda et al., 2024; Nasution et al., 2024). Meanwhile, the Chinese community develops invisibility strategies (e.g., land acquisition via family foundations, citizenship aliases) to convert legal marginalization into clan-based social capital (Irawan, 2016; Thung, 2018). Key findings highlight divergent identity sources: religiosity (Aceh), customary-territoriality (Malay), and clan social capital (Chinese). The study recommends integrating local wisdom into inclusive plantation policies and employing ethnographic approaches to examine identity intersectionality complexity.

Alesandro Umbu Rangga Pahada; Karolus Kopong Medan; Bhisa Vhitus Wilhelmus

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The resolution of cases solved by maramba against the people or faced with various legal, social, cultural, and economic obstacles. Limited access to law enforcement and low legal knowledge make victims reluctant to seek justice. The research used is empirical legal research or empirical juridical research. Data collection for this research is interviews, observations and document studies. The data to be collected is then processed using the observation method. The results of the study show that the choice of customary resolution that prioritizes reconciliation also makes cases rarely processed through formal law. Economic dependence on maramba further weakens the position of ata. Violations committed by maramba (king) against the ata (lower) people in Rindi District, East Sumba, can be resolved through two channels: criminal law and customary law. Criminally, tournaments are regulated in Article 351 of the Criminal Code and can be reported to the authorities. However, people more often choose customary resolution through mediation by traditional elders (rato) who emphasize compensation or peace rituals. Social inequality, maramba dominance, economic dependence, and cultural pressure make it difficult for the ata people to fight back. They are reluctant to report because they are afraid, do not understand the law, and believe more in customary resolutions which are considered to maintain social harmony.