Existence Role of Indigenous Culture in the Central of Regional AutonomySystem
lkhtiar
Hatta
11
Anthropology. Faculty of Social and Political Sciences, Univer sity Tadulako, Palu,
Central Sulawesi, Indonesia, 08 I 342 609 522 Muhammad
Marzuki
22Anthropology, Faculty of Social and Political Sciences, University Tadulako, Palu, Central Sulawesi, Indonesia
Abstract
The Customary Institution that was formed from the power of local wisdom and working contextually for each ethnic has a role and significant contribution to regulate the social order for its community.
Along with the rise and the power of the government formal system has been pushed down the authority of many customary based institutions are loosing their influence in its community.
However, in the reform and regional autonomy era the Customary Institution in several regions are returned to their own authority. The method that was used to uncover that social phenomenon is in-depth interviews and focus group discussion (FOO). The results revealed that the roles of Customary Institutions in Sigi district are regained of their form after gelling an endorsement from the regional government through the regional regulation. However, this formal endorsement is actually has been caused the role of the formal government in the village, the security and the traditional institutions were overlapped. As conclusion, the first, explaining that the structure of the Customary Institution and the Customary Council in Sigi District have been changed and transformed into a structure that by de jure got the endorsement or legitimation from the government through the regional regulation of Donggala District (before blossomed Lo Sigi and Donggala Districts); the second, the role of Customary Institution was still existed by de facto in its community; or which arc:
I) social communitarian aspect, 2) religiousity or cultural rites aspect, 3) governance, legal and community order aspects.
Key words: the role of customary law. customary council, regional autonomy
Introduction
Tradition institutions historically arc a local government system that ever existed, and applied to a society for years. ln addition, the existence of tradition institutions can be understood as an institution that has a passion for creating a social order in the midst of the society within the power framework. Role the power of tradition institutions of course, they have its own arrangements which set out in a custom laws are supported hy a loyal society. From passion to create role so the tradition institutions, in principle. can be said as a country, however, U1c scope of tradition institutions power are generally no larger than a modern country.
Tradition institutions has the most significant spirit of traditional leadership.Traditional leadership can be defined as leadership which is based on customary norms and traditional values of a society without any elements that influence or dominate from outsider authority. Leadership al present is often called the
informal leadership. especially when it is viewed from its status based the applicahle constitusional of the state administration in the Republic of
Indonesia,
Principally, the role of traditional leadership that is run hy an individual, where the role got custom admission, ii has a devout follower and has a strong influence in society, because of it Winarno said that: " ...
traditionally, leadership is a role which is undertaken by an individual ( male or female). although it does not get a formal judicial nomination as a leader. it has a quality which allows 10 achieve a position as one that can affect the behavior and actions of any group of society, both in terms of positive and negative ... ". (Winamo in Marnar, 2002: 72). However, in fact, traditional leadership found in institutions and norms. With applicable rules and norms that will help a leader to implement the ability of traditional institutions in order lo lead the value system which is adopted by the society from generation to
169
generation. Nowadays, numbers of tradition institutions have lost its vitality in the controlling the society along with the change control system of the kingdom into the country, especially in the New era, indigenous institutions has alienation experienced from its supporters. However, the turning point of nation and country provide a new energy to traditional institutions, which provide local autonomy as a special space for traditional institutions to contribute to the process of nation and country. Especially in the political process as the General Election, custom institutions by some contestants are understood as a potential as shed's of voice. Therefore, to understand this study focuses on the role of traditional institutions in the region otonomy.
Research Methods Data collection techniques a. Observation
Activities are taken by the researcher to observe the practices of leadership that is obtained by the tradition institutions leaders in the community.
Observe the behaviors of indigenous stakeholders in deciding a decision, and the various rituals carried on by the community and traditional institutions mediate it as an institution.
b. Interview
Interview or interview method is used by researcher in two stages, they arc: l) In-depth interviews .thc researcher ask questions based on the interview guidelines to the informant to e*plore the ideas and knowledge related to cultural values, social norms, and structures of traditional institutions. and the decision making process for each case. 2) In addition to interviews conducted in-depth interviews as well as a society that is Focused Group Discussion (FGD).
informant selection techniques
Informants selected by purposive sampling, the researcher deliberately chose people who really understand tbe problem considered. The informants selected are: (1) traditional leaders and community leaders, (2) religious leader, (3) formal leader, (4) informal leaders, (5) head of village I district.
Data analysis techniques
Data were analyzed by the method of data interpretation. ln the process of data interpretation, conducted by researcher with the informant during the interview took place in the field.
Research
Tradition institutions in a society which is supported the existence of institutions must have and orientation to create a social order (social order) for its members. Dimensions of the sacred order of the
orientation of tradition institutions become the main base in delivering complex role in regulating society.
The role of tradition institutions is actually attached to an existing dimension in human life. These dimensions can be categorized into 4 form that is, physical form. social form, cultural form, and psychology form. These four dimensions are not pcrsonalistic.The fourth dimension of human consciousness arc very determine of social elements that encourage humanity and instituted a set of rules set in the shape of norms and values prevailing socially.
Furthermore. even the role of traditional institutions beyond the social boundaries, but bas a strong connection in supporting the creation of social order. Belief in supernatural power is one of the legal institutions that are owned by an indigenous organization in carrying out the controlling function. In addition. through a system of beliefs that is internalized by its supporters, the completely traditional institutional devices can act effectively and optimally.
To see the significance of the regulation role that is obtained by tradition institutions can he seen in the four aspects, social aspects, ritual aspects, the governance, law and order aspects.
Society Social Aspects
Nowadays, indigenous peoples in Sigi Regency is a society that is integrated socially, culturally and even with other people, especially in the province of Central Sulawesi and Indonesia generally. It means that Sigi society has been intense in the loop and system of modernization and globalization. This condition would be the main reason for indigenous people in the district of Sigi to continually develop themselves and mingle in the wider social life. Fundamental questions will certainly arise. how the role of traditional institutions in the district of Sigi when people are integrated into the broader social system even has "absorbed" into the system to suit its economic globalization based on
"capitalism". Do people have left the values that are
constructed and maintained in the traditional institutions ?
Viewing at first glance, the indigenous people in the district of Sigi "as if' there is no difference with the other society. However, in depth, we will find differences when we take the socio-cultural life of their traditional institutions into the system. Basically, Sigi indigenous peoples are a loyal supporter and made the Customary Law Pituoggota Sigi as the deepest structure (deepth structure) in behaving to build social life.
It means that the role of traditional institutions in today's social life still has its effect on indigenous peoples in Sigi. These roles are embodied in the life of togetherness as the cooperation in building or moving homes, cooperation in clearing the field or places of worship, and cooperation in supporting the success of the celebration for the society, this condition of course
170
difficult to find in an urban community with the community character is organic , which emphasizes individualism. ll should be pointed out that although the Sigi society is familiar with the life modernization. however, they are essentially categorized as community-style mechanicaJ society.
They still know each other and need each other. in the sense that the characters are drawn kornunalitasnya. Patronage system is one of characters in the communal society is still attached to them. A simple example is that they are still supportive and loyal to the indigenous stakeholder.
Whatever has been done by indigenous stakeholders is blueprint in every behavior. This is an advantage of an informal leadership, because leadership besides such as these has a strong do psychologically proximity to society. Another note is that in addition to the psychological proximity not infrequently they also have a genealogical connection, so that public has a high sensitivity to the existence of the leader. To them leaders or indigenous stakeholder arc the essence of social life, when things arc bothering the society also prospers because it concerns the existence and self• esteem, so they can express anger, and it is certainly would potentially creole conflict, especially lo outsides society. However, Sigi indigenous communities have a positive side, where they can easily accept outsiders. ll can be proved by the increasing numbers ofouisidcrs from various tribes into the territory and a population of Sigi. The presence of other tribe goes through several forms but tlie most important is through trade and marriage process.
The role of traditional institutions in encouraging Sigi society is open to attendance and desire merges with another person articulated the spirit of
"Pitunggota Sigi't.Historically the origin of their ancestors that they believed is from To Higi, Initially each society has their community or their respective groups, the presence of rnaradika or madika is the beginning of the merging of all the groups that existed at that time. Pitunggota can be seen in urban areas and Karavaa Karere (both located in the district palolojcitics, Nunumbailo city, and llibula Bolotina (the region fall within the scope of administrative village of Bora)city. around the city Ranontiko Vatunonju is in Village area. and Vulau city is the area around the village Olobodju (see aJso Madjarisa.undated).
integrative principle to others in the social life is owned by the origin Sigi through tradition institutions. has been going on since the arrival of Madika, which unites seven regions. Here is said, Joshua, informants (Chairman of the Tribe District Nokilalaki: "Giving the public understanding of the importance of maintaining good relationships, create order in order lo create a safe and peaceful life, because if security and role arc not created the wheels of government would not have run smoothly and development will be hampered."
However, before the social role of existing institutions run by them then coordination of other agencies that have relevance case, in particular formal institutions like the police or village and, following the narrative Daine! Nado (village head Kamarora B): "All the institutions of the village always coordinated in advance if there is something to be done or to be resolved including the tradition institutions, they are always encouraged inform the government's coordination and villages in the process of obtainingthe function and authority, and it applies to everything so their role have been maximum, whether it's social role in society, government, religious riles, rituals and culture masqalah public order. So far the role of traditional institutions is necessary and good in application in society so government and society are needed of its existence. Another thing that makes the tradition institutions have a role in social life is constructed manners prevailing in the social relations in the region. In general manners "Piumggota Iligi" can be constructed to:1). Rccornmcndatc to be friendly to anyone, good manners, keep the peace, help to each other, and respect each other; 2). It is restrictions in the form of taboos as a consequence not only for the violation of taboos, but also will give effect for people, such as natural disasters, etc., :I). Prohibition from certain places, 4). Prohibition of a general nature; 5). Manners and customs, such as wedding planning, setting up home, work the land or paddy fields, the grief period. However, Sigi indigenous societies arc not static and resistant LO change. Because of their openness to new things from outside, indigenous Sigi has changed, even in the presence of stale institutions through such devices arc slowly minimilize village roles of traditional institutions.
Ritual Aspects of Culture
Tradition institutions in Sigi also have a role in the ritual aspects of culture. In this occasion will discuss three forms of ritual that is considered quite important in the lives of Sigi. The third ritual are:
marriage, building a house, and processing of rice field. It is necessary to explain the reasons discusses three forms of this ritual. given that the rituals of the above - but - at Sigi's indigenous peoples arc still obtaining: l. Aspects of marriage, building a house, rice field processing is a significant aspect of the complex. and complicated and often involve other tribes such as the process kawinmawin, seizure of houses, land seizure, determination Lime of planting; 2. The third aspect of the social framework often involve a lot of people to work together.
Marriage Ritual: The ritual of marriage is one of a number of rituaJ lifcsicel to be passed by a child.
Mating rituals have a social function as an affirmation of the status change, as a media family gathering, as a media for the formation of a new family, and economic
171
functions which unite the assets owned by two different families.
In the ritual of marriage, also will reveal and reinforce the social strata someone in the family. One's position in a society will be a differentiator in the implementation stage of the process of mating ritual;
any ethnicity will also be very influential in lhe stages of marriage. The role of tradition institutions in the process of marriage in the district of Sigi is significant, especially in couples with different religions and different ethnic groups. Sigi tradition institutions in the district are usually more cooperative in dealing with these differences, however, the processes of implementation of the Principles and core ritual remains to be done. In addition, in the process to go through what is called the lolea or catwalk.
Lolea, in the early process emphasized, and lhe next stage is dignity respect, prestige. respect the woman and the next phase is marriage. Marriage which is not passedlolea can essentially be considered "legitimate"
even traditionally also recognize their custom quality is not complete and it's never perfect, it is caused by marriage which is not passed the phase is not considered sufficient conditions for the dignity of reduced quality of the marriage process.
Ti Lian process is used as a starling point for the two families to know each other as well as a respect for the elderly. Marriage which is not passed this phase is perceived by the indigenous peoples in Sigi as a form of harassment against their parents. Therefor tradition institutioss have a role in explaining and providing an understanding of the potential partner to pass the lolea process. Lolea has phase process, they are first. test to propose, this mechanism has similarities with the stages mammanu'manu 'in society and mappeseng Bugis•
Makassar peseng the tribe. This phase is characterized by the presence of men to the residence of both woman. Both parties to track each other use this phase. This phase is very important for couples who hardly know each other, different things with the potential partner where their families had known each other.
Hambulu burc is the core process, because with these party initially know, wether accepted or rejected. Rejection or acceptance is received by a party of men symbolically conveyed through the submission of proposal tools. When other devices arc not acceptable or not to manipulate it means that lhe propose lhey rejected or so otherwise. Second phase, usually referred as the main propose. The main process of making a proposal can be held when the first phase ha" been passed and a sign of acceptance. Role of traditional institutions in the second phase is going significant phase, which al this phase usually both sides as far as possible to present tradition stakeholders. Indigenous stakeholders play a role talking about "traditional values" party for her family by the family of
accomplished men. This second phase can generally be said "for sure", so that indigenous stakeholders who attended legitamacy and essentially functions as well as witness of the wedding planning.
The third phase is phase of determining the day of implementation of lhe marriage. At this phase the male family accompanied bridegroom to lhe woman
family
who came with the proposal that they mentioned with hambulu is interpreted a" a sign of gratitude to god that everything will bless by Almighty God, and indigenous stakeholders remain involved in the process as proof of legitimacy of lheir customs.
Ritual House Build:
Building a house is also having social consequences, because the presence of the house has a social function and meaning. Those is a symbol of economic for a family, other than that the house also has an integrative function that they.whoever, who resides in the home has an emotional closeness and genealogical, in addition lhat the house give firmness to lhe function and status of people who arc in it. However. in the early phase of house construction, for certain tribes living analogous to the house to be treated well. Therefore, that in the process of building a house should perform certain ceremonies. Home to tribal societies is not only serves lo protect themselves from the threat of wild animals.
but more lhan that house for them is space to carry out their lives. Therefor they must treat the house well.
because they believe that the house in their cosmology view that they have only physical but it spirit or essence of home ownership are owned by others or supernatural beings, or they said there are other occupants, for that they must ask permission and treat them well.
Ritual process of building a house in indigenous Sigi can be described as first, to know and test the home site. The homeowner and the people who are considered to know usually have done this process.
Second, to find a good day for logging - if the house would be buill high - balengga nu nono king or pole of the building. Nevertheless, when the huilding using concrete materials, the king pole is transformed into the hood supporting the main house gable: third, after the carving bas been done then subsequently sought to find good day to built. ln the process of setting up the poles are usually tied to fruits or plants such as coconuts, sugarcane, banana, a small bottle of water, rice that lhcy are familiar with PAE pombangu and they wrapped in white cloth or yellow. Such processes also found in Bugis when they will build a house. The meaning of lhe symbolism of plants is expected of people who live to grow, live and always healthy, but it is understood the meaning of life coconut into "savory" and interpreted cane to walk with a sweet life while staying at his house.
After the house is inhabited should be held rnabbarasanji. The last process is pompeoha hapo or up a new home. In this process, ritual or traditional ciders accompany lhc residents walk together into their new
172
home.The process itself is intended to introduce new residents to the residents ever considered supernatural. And tbe last should be held a celebration by inviting relatives, neighbors to pray and be thankful for the completion of their homes.
Rice Processing Ritual: Ritual in the field ofprocessing of indigenous peoples such as Sigi usually there are two forms, which is conducted themselves and performed in groups or massive.
However, both have relatively the same function that is praying for rice plant can produce well. The only difference lies in the demand for safety. For the context of the ritual, context of individual petition is for their safety and their families, while for massive or group context, the request is for the safety of their village spared from danger.
indigenous people Sigi is a ritual in Mora kcke most often carry out ritual principles massively. This ritual is intended to appeal to the Almighty GOD through the spirits or Jin the owner of water for their fields of processing can be sanctioned. Kckc rnora has a form of ritual sacrifice of a goat. A new family who married one. two or three years earlier, usually powers Goat sacrifices. In the process, the new family required to ask forgiveness to their sins that they did before marriage can be forgiven and cleaned into water as symbolized by the blood or goals that they cut earlier. Besides ritual above. the petition for forgiveness. there is also a pckahuvia disaster ritual that serves to eliminate. Other people as ritual resist threats know this ritual. In addition.
there are also ritual mopanga, where the ritual is individual. A shaman leads this ritual. Ritual process is not too large. it means tolerated to the ability of people who carry out a celebration. Other rituals are ritual hail harvest and post harvest. Those two rituals usually involve many people as a sign of their gratitude to god for the harvest that they have acquired.
Of the three processes in the ritual of tradition.
institutions have a role as a "tutor" or guide in every step of the ritual. A ritual in the society is Sigi executed with belief because of their ritual is believed to be able to provide something good for their lives, especially in social life. Moreover, through this ritual or the legitimacy of power and affirmation of the tradition control.
Government spects
As well, it has explained earlier that the tradition institutions is essentially a system of government wilh its own character and its mechanism, or quote a phrase from Hans Antlov country in the Village. Although the meaning that is intended by the Antlov is not the same but can he interpreted that the tradition institutions run of government functions to create in social life order. The difference is the traditional institutions of leadership in basic character is more likely on the patronage of leadership. so the loyalty of the leader is
very strong, however, local or informal leadership may have lost its charismatic leader does not apply when the fair or a foul where in customary law is not allowed.
Government system or leadership structurally is interpreted in the Traditional Council Logo Pitunggota City. Therefor the meanings for the LOGO arc:
Yellow as basic: it means the hoard of customs and custom Jaw Pitunggota Sigi will serve the city and glorious. Baruga: symbolizes the place of polibu to reach consensus with the custom law of each decision.
Cap with buffalo horns: Sigi Tadulako represents specific attributes to preserve all cultural values, customs and history of the ancestors. Shield and lance:
symbolize the resilience and strength to execute and deliver to the future development of Sigi and Indonesia in general. Seven Angles: custom symbolizes the City Council consists of seven city or Pitunggota that support and carry out the custom law in society towards solidarity, kinship is incorporated in the Sigi, even to the whole world.
In the traditional system of government, institutions in Sigi can be understood that the above logo represents the
"basic country" or basic custom that is analogous with the emblem of Garuda Pancasila. Meanwhile, lhe custom law that their Blueprint is positioned to act as their Constitution. ln addition, rules in the form of norms are a translation of their constitution into law. For the leadership system, customs or tribe leader should ideally be done on line genealis succession or descent.
Nevertheless, it does not apply absolute because when they are not considered to meet eligibility standards as an honest leader, has a good nature, easy going, fair, and never did diviant the existing norms of the descendants of indigenous stakeholders are not appointed as a custom stakeholder. Furthermore, tradition institution in the district of Sigi has changed along with the social life of today's society. Even the structures of traditional institutions today are formally gelling legitimate from the government through the local village chief. Its means that tradition, institutions are integrated into the national government system. However, tradition institutions arc not clear either either in structure or assertive role in the government. Their positioned as banners. while the potential of tradition institutions in assisting governments in creating the social order as possible.
The structure more details of tradition institutions of government which is the transformation of the torch of government can he described that the royal torch tradition institutions of government to the highest position known as the assistant principal J\rumpone king (Maradika), capita, Galara, Pabisara, Jogugu, Pungava, Baligau
173
Government Of The Kingdom Of The Image Structure Sigi
Diadaptasi dari tulisan Madjarisa Garis Koordinasi Garis Perintah
MaradiKt : A head of state or position of the king, Secretary of the secretariat to coordinate within the tradition institutions,
Arumpone :
Capita : in charge of defense and security area, Function and it is responsible for the processes of the trial, Pabisara Charge activity that organize meetings on indigenous institutions,
Galara :
Jogugu : As a courier carrying a message or a message to the intended message, Punggava: responsible for providing all the needs and meeting the needs of the king,
Kalula army of the people or the public.
Customary institutions above represent the highest level of traditional leadership structures.
Aspect of Law and Public Order
In a system of customary institution above the ultimate decision is in the (Maradika) king King is considered have a strong decision and not be denied to have objective dan impartial decisions Custom law in Sigi traditional institutions to create public.
Therefore, custom law in Sigi
traditional is institution more educative. The custom lawa applicable in the Sigi is:
1. Bualo: is a legal mechanism of those who brake the rules whom has affair with someone's wife. In this case the tradition institutions will give fine to a man who brakecustom rule to submit: parang heritage (Gurna), Dulang dcnje fruit with no legs, five role of with cloth (20m), case money of five real or equal to one pcranggang sheep, and one buffalo to have blood drawn Buffalo can be slaughter further sold, half-and half for indigenaous council and for village development.
2. Papale Kono, the sanction given to those who brake the custom in holding the female during the day outside the home or in the house, and the incident reported to the board of custom, it will be fined, 15 (fifteen) fruit dulu platter (Kawe), can be replace with eight plain white plates, a buffalo or cow's tail to have blood drawn.
3. Papalo Lombc, the penalty is imposed for those who violate but are in poor condition, so only fine; 16 duJu plates (Kawe), and is obliged come to help in every Hadat activity.
4. Hou Po Hudu Tangara, namely those who resist customary law has been decided by the board of custom, impedes the course of the Hadar trial, or creates chaos at the hearing Lakes place, the fine one sheep.
5. Kalabu, a violation to family or to irnpernate hisown sister, their mother will be lined one sheep and taken to the river or the limes, when she reached the river or at the times the men were told to ride on the sheep and the lamb slaughter, and the Jamb cannot be taken, it should be swept away through the river, one buffalo be slaughter are give it for villager
Various form of custom law for indigenous of stakeholder considered cfectif sufficient to prevent (Deviant) from the norm prevailing society. Giving a fine to dcviator is not very hard especially fol those who have sufficient material, but opposite of it there sanction social there is a fine from society more heavy, which is com and isolation.
Discussion
Traditional institution finds the power to prevent its citizen in the form of loyalty and faith. It means in the hegemony of the tradition institutions believe to religious. It must have been influenced by norms of the system that was built originally based supernatural beliefs, even the punishment sanctions given Lo anyone who deviates toward society, generally believe that comes from supernatural forces. Furthermore, the power of the cosmological society that adopts a traditional institution has powerful influence because it is closely associate with.
174 MARADIKA
GALARA ARUMPONE KAPITA
PABISARA
JOGUGU PUNGGAVA PALIGAU
KALULA-KALULA
belief or faith in the power of the supernatural. By itself, the ruler control is more common in the region cognitive belief or awareness of its citizens.
This is contrast to the system that is obtained from the authorities through the apparatus power held in riil, Army, Police, Government. closest example of control over the loyalty of citizens against the rulers of this era of the modern apparatus is placed down to the village as Babinsa, Linmas, and so on.
Social Aspect of Community
Observing society life with the local approach has its own weakness. Tt is because this approach tends to perceive that society culture are in a certain place, and ignore the processes that occur in a society. Meanwhile. The experiencing cultural contacts is getting dyamic more mobile so it is very difficult to judge a related 10 the cultural identity that is owned.
Globalization is one phenomenon the influential in driving the dynamics of the Through modernization, globalization has society tribal into global society that seems no cultural boundaries. Rven some scientist "sinis"
questioning is there any local cullure value in modernization. Denial of the persistence indigenous peoples with their local culture by who use the perspective and other symbols. So local people could no longer use the term 'local' because modernization has penetrated hegemony through media such as TV, radio, and magazines. and indigenous (local) had experienced. Jn some cases, an understanding or facts as above has a faily strong in the midst of As the indigenous people in the Sigi district In some dimensions they have changed, of course, their will never be the same as the life of their ancestor. process of assimilation, marriage is one energy leads to changes in society. Consequence of it is desconstructcd some system social which natural.
The strong influence of tradition institutions the beginning because of the social life of society is too complex. Along with the development accelerating changed and dynamic social system constructed by traditional institutions, do not have power of social life. What s said by the elders or young generation is termed "jadul" or classic.
condition is very prominent in the new era with a repressive state system by alienating institutions society. Nevertheless, one thing interesting, is that the tradition institutions "as"
discovered its shape after being applied to the system regional autonomy. Tradition institutions have space rearrange lhe order ever executed. For the context Sigi's custom institutions. society, especially people, still supporting tradition institutions
Tradition institutions in the Sigi district have ability to create an integrated social life more peaceful. With variety of institutions and norms, is especially regarding the creation of social order position with the firm signs the custom institutions government and leadership in supporting the formal create a conducive society, humanism, prosperous.
Ritual Aspect of Culture
Ritual as an expression of culture is still by tradition institutions in the Sigi district both in context of personal and communal. Expression of these rituals is carried out mating rituals; rituals build ritual cultivated land.
Rituals as well as giving authority to the becasc it is through these rituals they can themselves with the knowledge they have and internalized from their ancestors. Parents internalized symbols of his predecessors. A that shows in each symbol is 10 be authoritative for parents or tradition leaders to control the ritual social exclusion.
Differentiation. the disintegration the symptoms disharmony that could potentially occur in the midst society can be mediated and reconcile back through ritual.
Ritual processes that are obtained by traditional institutions, has function as both a medium communication delivery expectations by the public supernatural, the integrative function of uniting citizens wheter on Sigi regency or from the regions, the fuction of social security, they are the ritual of people who are not able to obtain security during the event by providing food to them.
However, for the ritual aspect of institutions often obtain by the society and its have been amended.
These changes occur or experienced by many young generation nowadays. change is caused by several factors among which arc the first, because the more intensive cultural contact other society encouraging change and secondly. the occurrence of assimilation that indigenous society are also do many imitating culture and life third, the education factor, Sigi society rational, the forth factor of the present sarnawi, dan Christian. Thcit presence gives new colour to belief as long as the have.
Govement Aspect.
Government system, characterize by kingdom monarchy in Indonesian has been change into oligarchy since the reign of the last era. System in the era of president Soekarno which is repositioning of the monarchy or the royal system govermnet. Tradition instituions into the constitution the royal house of that time no longer plays significant Decaonstruction of the role of institutions increasingly felt at the time of new era. To
175
be said as a state within a state, a number of tradition institutions thath have more influence and self•
discipline lo move int the ritual mechanism that arc believed by society.
The role tradition institutions as previously described, find its form when the era of regional economy. The role of tradition institutions in the regions Sigi before the division has not given significant role, although it has gained legitimacy of formal instituitons in the form of the Decree and the Decree of the Kades. Role of tradition institutions or custom ssemblies for decee was issued has not been explicitly set the boundaries of authority between tradition institutions/custom assemblies with the formal institutions of government asuch as loice, village, or district.
Though the result of the study found that tradition institutions have sufficient authority and charisma in resolving any issue or case strongly influenced by intensity of the interaction between indigenous stakeholder with its citizens to create a harmonious emotional relationship, furthermore the have a genealogical as a family or relatives. Relationship is exactly what is used as a potcncial by indigenous in resolving and managing their social system construction within the framework of traditional logic of govcrmncl.
The potential inherent in the tradition institutions as a true traditional form of government can be effected by the national government, especially local government district in the form of strengthening the effectiveness Sigi role of tradition institutions through the preparation of regional regulation. This is allowed socially, because Sigi area is still largely inhabited by indegineous society who is still loyal to support institutions and norms by tradition institutions.
However, this potential remains to be serious attention to prevent abuse of the authority of tradition institutions or customs misunderstanding between agencies, so that the deepest intention of strengthening the tradition institutions can really bring the community on Sigi Regency in general as a harmonious society and dignity.
The government should be kept the sentiment in both groups to maintain integration between groups.
Between the values of the sentiment that needs to be maintained are: (a) feeling, which arises because someone is always trying to identify themselves as much as possible with others in lhe group, so that they call themselves as group. (b) Sepenanggungan, each individual aware their role in their own society and state which allows their role obtaining the group. (c) Require each other, ie, individuals who join the society found themselves dependent on the society covering the needs of both physical and psychological needs.
Law Aspects and Public Order
As previously explained that achievement to revitalize the function and role of tradition institutions to strengthen and rolling along with the program and autonomy responsible.
The main purpose of granting broad autonomy to the regions is to accelerate tbe realization of the general welfare or which is referred to as bestuur zorg Lamaire through enhanced customer service, empowerment, and society participation. Bestuur zorg is the ultimate goal of a country that claims itself as the welfare state (see IIR Ridwan, 2006, p. 15). Indonesia is included in the cluster, as mandated by the founding father in the 1945 preamble to paragraph 4 of which states "After these things to form a government of Indonesia which shall protect all the Indonesian and tbeir entire homeland of Indonesia and to promote the general welfare, to educate life of the nation and participate in the establishment of a world order based on freedom, abiding peace and social justice, then ... "
To realize the constitutional mandate, the task is not merely the government but it is a task of the whole people of Tndonesia through its role by either individually or through the formation of groups (clusters) social. Formation of social groups must be based on common purpose, common vision, common geography, common ideals, and so forth. Traditional institutions that shaped and formed naturally in a particular region and community. but based on the geographical similarities, when importance is the government's partner in creating security and public order (Kamtibmas) and the general welfare (bestuur zorg). Act no. 8 of 2005 on Amendments has changed government with society including the tradition institutions of community effort whose existence has been legally regulated in Article 211 of Law No. 32 of
2004 on Local Government as it to Law no. 32 of 2004 on Regional Government. Further arrangement of social institutions can be seen in the PP. 72 of 2005 on the Village starting from Article 89 through Article 97 which stated that the agency responsible for assisting the rural community and village governments are partners in empowering the society, and serves as a forum for participation in the management of development in order to realize democratization and transparency of development at the society level and Lo encourage, motivate, create access to the society more active in development activities.
Based on these regulations, is associated with the role of tradition institutions in the district of Sigi, in fact there has been a synergy.Things that are acted by tradition institutions have been in line with our positive law, so there should be efforts or new breakthroughs in maximizing the role and functions of tradition institutions, especially with regard to issues of law and public order.
176
In above explained that the customary law applicable in Sigi is varied both in the terms, penalties/ fines and types of prohibited acts (read more codification of customary laws in the City of pitunggota Sigi). The existence of the term Bualo, Papalo Kono, Papalo Lornbe, Hudu Hadi. Hou Po Tangara, Kalabu, · etc. is a portrait of charisma and strength of the legal validity of customary in the past, which is still held in high esteem by Sigi indigenous communities, and even immigrant communities have also voluntarily subject themselves to the custom Jaw.
Tn criminal cases, for example, if someone commits an offense or misdemeanor in the village the tradition institutions are obliged lo discuss and resolve the issue with reference to custom law, including the provision and implementation of the sanctions that have been imposed on criminal. Settlement by the committee chairman and other indigenous peoples made by way of sitting together (assembled) in the custom house of the head (or other specified place) by charging a sum of money to criminal that in terms of customary law Sigi referred to as "money tables" used lo finance legal expenses including the cost of consumption ..Decision of tradition institutions in the village of its binding and shall be implemented by all parties. But if tradition institutions in the village arc unable to resolve the problem, it will be delivered (appeal) to the custom in the district assemblies, and when the custom assemblies also failed to finish, then it will be handed over to the police as most state agencies arc authorized to handle criminal cases.
Settlement of the case level, they prefer the tradition institutions than to appeal to a custom assembly. The reason is very simple which is to resolve the case through more tradition institutions is a win-win solution that decision, first consider all factors including the victim, and the socioeconomic circumstances of the offender. The imposition of sanctions by the tradition institutions more flexible. Flexibility sanctioned by tradition institutions could be a reduction in tines for those who cannot afford (the poor), or one type of penalty is assisted by traditional parents (rapikatoko) and others.
While the settlement of cases at the level of assembly is more rigid custom, custom board holders only apply the rule of law (the man of law) without considering objective conditions of the victim and perpetrator. Sanctions actually he in accordance with custom law, as well as the implementation of the sanction I payment of fines (the tines are converted in the form of money) is not given drought.When compared in our current judicial system, similar to the position of a judge who just carry out orders legislation in the eyes of the law legisrne ", because according to the teachings legisme Jaw or legal positivism Jaw, judges in carrying out the duties attached by law (wetstoepassing), the purpose of law is solely to provide
legal certainty (rcchtmatigheid) and ignores the public sense of justice aod expediency of law (doelmatigheid) itself (Soedjono Dirdjosisworo in Supriadi, 2009: 131 ).
In our criminal justice system, still obtain doctrine that reconcile can not remove I abort a criminal act, so even though there has been reconcile between victims and perpetrators of the criminal process must proceed. So once again totally ignored the public sense ofjustice and ignore the good intentions of the parties to find the best solution (win-win solution). So there is one of the shortcomings of our criminal justice system docs not give space to the parties (victim and perpetrator) to solve the problem itself and/ or mediated by a neutral third party.
Would depart from the fact that it is appropriate and we should empower indigenous penal system in effect within the City of Pitunggota Sigi, a liulc seUJement system mimics a criminal case in Japan Sakura country where the police arc empowered to facilitate (a mediator) peace for the parties (the effort litigation) before pursued litigation efforts.
And in case you want to create reconciliation it
wm
bind by agreement.Traditional institutions in the Sigi district in the modem legal concept can be similarizcd to an alternative dispute resolution or alternative dispute resolution (ADR) carry out the trial. The advantage systems are:
1. Cases/ disputes can be resolved in an efficient,
effective and low cost
2. Decision is a win - win solution.
3. Social relations (silaturrahmi) remains good, there is no revenge for all U1e parties voluntarily accept the deal because it is considered beneficial.
Besides the application of traditional criminal Jaw
system is to help the work of Jaw enforcement agencies (Judges, Prosecutors, Police, and advocates) in particular and government in general. lt is inevitable that the general court from the District Court, High Court, and Supreme Court handles criminal cases already cross- institutional capacity, as well as jail and rehabilitation throughout Indonesia, including Sulawesi already over capacity. Therefore the solution of all problems is the application of ADR to certain criminal cases (offenses and other misdemeanors) through revitalization and legitimacy of the role and functions of traditional institutions, including the legitimacy of government ("the determination of law enforcement") against the decision of customary institutions as implemented within the dispute settlement system of industrial relations under the provisions of Law no.
2 of 2004 concerning industrial Relations Disputes Settlement.
Conclusion
Sigi as a region has experienced significant progression, among which are Sigi has turned into a
177
new district. Based on the results of the assessment, as a logical consequence of the process of cultural contacts, the social dynamics of Sigi Regency also has undergone significant changes. from the results of the assessment and concluded that:
a. The structure of traditional institutions and customs in the District Assembly Sigi has undergone such a change in the socio-cultural dimension to another. Changes in the institutional structure transformed into a structure that is de yurc getting recognition or legitimacy of the government through the village chief for SK and SK head of customary institutions for Assembly District Peoples.
b. As explained above that indigenous customary institutions and assemblies still active as de facto, which is functionally has a function and its role in society. Development and assessment of results found is still quite significant roles of traditional institutions and customs in the district assemblies Sigi. These roles can be seen from the functional aspects of social, cultural aspects of religiosity or ritual, government aspects, and aspects of Jaw and public order. however, given the formal referral or scope of authority are not clear I clear between traditional institutions I custom assemblies with the formal institutions of government leads to overlapping (overlapping) authority -- in particular on legal aspects.
Daftar Pustaka
AJqadrie, S, I. 1999. "Konflik Etnis di Ambon dan Sambas: Suatu Tinjauan Sosiologis't.dalam Antropologi Indonesia, tahun XXill No. 58. Jakarta: Jurusan Antropologi FISIP UT kerjasama dengan Yayasan Obor Indonesia.
Babcock, Tim G. 1996. Kearifan Ekologi Masyarakat Petani di Laban Basah: Jmplikasi untuk Pcmcrintah, Peneliti dan Praktisi: Makalah; Kalimantan Selatan.
Bunga Rampai. 2005. Budaya Berpikir Positif Suku•
Suku Bangsa, Jakarta: Dep. Kcbudayaan dan Pariwisata RI kerja sama Asosiasi Tradisi Lisan,
Bunga Rampai Budaya. 2008. Berpikir Positif Suku•
Suku Bangsa Il, Jakarta: Dep. Kebudayaan dan Pariwisata RI kerja sama Asosiasi Tradisi Lisan.
Dokumen Forum Komunikasi Dewan Adat Sigi. Kita Nosarara Nosampesuwu Rapakaroso. Hukum Adat Kota Pitunggota Sigi. (Tidak Ditcrbitkan)
Rardjana, Andre. 2005. Pendidikan Multikultural:
Pendckatan Budaya; dalam Pendidikan Multikulturalisme dan Revitalisasi Hukum Adat dalam perspektif sejarah.
Jakarta: Departemen Kebudayaan dan Pariwisata.
H.R, Ridwan. 2006. Hukum Administrasi Negara, Raja Grafindo Persada, Jakarta.
Hadjon, Philipus M. 1981 , Pengertian - Pengcnian Dasar tcntang Tindak Pemerintahan (Bestuurs Handeling), Pere. Djumali, Surabaya.
--- Perlindungan Hukum bagi Rakyat di Indonesia sebuab Studi tentang Prinsip-Prinsipnya, Penanganannya oleb Pengadilan dalam Lingkungan Peradilan Umum dan Pembentukan Peradilan. Adminlstrasi Negara, Bina Tlmu, Surabaya.
Koentjaraningrat., peny. 1975 Manusia dan Kebudayaan di Indonesia. Jakarta: Djambatan.
Lakollo, J.E. 1999. "Kcrusuhan di Maluku: Beberapa Masalah dan Kaitannya dengan Ketahanan Nasional", dalam Antropologi Indonesia, tahun XXlll, Nornor 58. Jakarta:
Jurusan Antropolog FJSIP Ul kerjasama dcngan Yayasan Obor Indonesia
Mappangara, S., ed. 2001. Respon Milner Terhadap Konflik Sosial di Poso. Palu: Yayasan Bina Warga Sulawesi Tengah.
Mattulada. 1997 Sketsa Pcrnikiran Tentang Kcbudayaan, Kemanusiaan, dan Lingkungan Hidup. Ujung Pandang:
Hasaanuddin University Press.
Mamar, Sulaiman, dkk.. 2002 Menemukcnali potensi penyebab kerusuhan sebagai dasar untuk mengkonstruksi model pengelolaan konflik di Kabupaten Donggala; Hibah Kompeteisi; Palu: Lcmbaga Penelitian Untad
Mamar, Sulaiman, dkk, 2008 Potensi Kearifan budaya lokal yang mendukung kehidupan damai masyarakai di kota Palu; Penelitian Fundamental; dibiayai Dikti Depdikbud; Palu : Lembaga Pcnelitian Untad
Madjarisa, Yahya. Kajian Tentang Tatakrama Adat - Istiadat dan Hukum Adat "Pitunggota Higi". (Tidak diterbitkan).
Oentarto SM, dkk.. 2004, Mcnggagas Format Otonomi Daerah Masa Depan, Sarnitra Media Utama, Jakarta Pelly, Usman. 1999 "Akar Kerusuhan Etnis di Indonesia", dalam Antropologi Indonesia, tahun XXlll, Nomor 59.
Jakarta: Jurusan Antropologi FJSIP Ul kerjasama dcnganYayasan Obor Indonesia
Poloma, M, M. 1994 "Srukturalismc Kontli k:
Mcmpertahankan Struktur Melalui Konflik", dalam Sosiologi Kontemporer. Jakarta: Raja Grafindo Persada.
Sudiyat, Iman. 1981 Hukum Adat, Sketsa Asas.
Liberty. Yogyakarta.
Suparlan, P. 1999. "Konflik Sosial dan Alternatif Pemecahannya", dalam Antropologi Indonesia, tahun XXIIJ Nomor 59. Jakarta: Jurusan Antropologi FJSIP UI Kerjasama dengan Yayasan Ober Indonesia.
Soekanto, Soejono. 1981 Hukum Adat lndonesia. Rajawali Press. Jakarta.
Supriadi dkk.. 2009 Pengantar llmu Hukurn, Yayasan Masyarakat Indonesia Baru, Palu.
Soekanto, Soerjono. 1983. Faktor-Iaktor yang Mempengaruhi Pcnegakan Hukum, Raja Grafindo Pcrsada, Jakarta
Tilaar, H.A.R. 2005 "Pendidikan Multikulturalisme ", dalam Pendidikan Multikulturalisme dan Revitalisasi
178
