P046 Dayak Deah Customary Law as Borneo Local Wisdom Amid Mining Conflicts: A Case Analysis of Muara Kate

Abstract

This research examines the position of Dayak Deah customary law as local wisdom of the Borneo people who are dealing directly with the expansion of the coal mining industry in Muara Kate, Paser Regency, East Kalimantan. The study begins with the criminalization of the defendant Misran Toni due to his involvement in the movement against coal hauling via public roads. This research uses a doctrinal method with a case approach combined with a legal culture and living law approach. The research results found that the Dayak Deah customary legal system contains a number of fundamental principles that cannot be ignored in the criminal justice process. In the context of mining conflicts, failure to adequately read the customary context has the potential to result in the systemic criminalization of social practices that are essentially born of collective obligations. Within the framework of multiculturalism and social harmony, the state, including judicial institutions, is obliged to carry out the mandate of Article 18B paragraph (2) of the 1945 Constitution which recognizes and respects the unity of customary law communities and their traditional rights, as well as fulfilling the obligations of judges to explore living law as mandated by the law Judicial Power. This research argues that social harmony in the multicultural Borneo region can only be realized if the formal legal system is able to dialogue on an equal basis with the customary legal system that was rooted long before the state came into existence, rather than reducing it to a threat to public order.

Keywords: customary law, Dayak Deah, local wisdom, mining conflicts.