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Recibido: 2025-03-09 Aceptado: 2025-05-10
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Customary law as an instrument of restorative justice:
an alternative approach to criminal conflict resolution in
plural legal systems
Rahmi Dwi Sutanti
1
Correo: rahmidwisutanti@gmail.com
Orcid: https://orcid.org/0009-0003-6223-7863
Pujiyono
2
Correo: pujiyono@lecturer.undip.ac.id
Orcid: https://orcid.org/0009-0004-8046-9227
Nur Rochaeti
3
Correo: nurrochaeti@lecturer.undip.ac.id
Orcid: https://orcid.org/0000-0001-5238-3152
Arsyad Rifki Damora
4
Correo: arsyadamora@students.undip.ac.id
Orcid: https://orcid.org/0009-0009-6076-3003
DOI: https://doi.org/10.5281/zenodo.15453908
Abstract
As a pluralistic nation, Indonesia recognizes the importance of customary law, as
guaranteed in Article 28I of its Constitution. This study explores the application
of customary law in criminal conflict resolution through a restorative justice
approach. To illustrate this, the research focuses on the Megou Pak Tulang
Bawang Indigenous Community in Lampung, which serves as a representative
case study of how local wisdom is implemented within a broader, universally
relevant legal framework. Utilizing an empirical juridical method, the study
draws on primary data from interviews with traditional leaders and secondary
1
Students at the Doctor of Law Study Program, Faculty of Law, Universitas Diponegoro, Semarang,
Indonesia.
2
Lecturer and Researcher at the Faculty of Law, Universitas Diponegoro, Semarang, Indonesia.
3
Lecturer and Researcher at the Faculty of Law, Universitas Diponegoro, Semarang, Indonesia.
4
Students at the Faculty of Law, Universitas Diponegoro, Semarang, Indonesia.
Sección: Artículo científico 2025, julio-diciembre, año 5, No. 10, 1348-1381
Clío. Revista de Historia, Ciencias Humanas y Pensamiento Crítico
ISSN: 2660-9037 / Provincia de Pontevedra - España
Rahmi Dwi Sutanti
Pujiyono
Nur Rochaeti
Arsyad Rifki Damora
Customary law as an instrument of restorative
justice: an alternative approach to criminal
conflict resolution in plural legal systems
Año 5
, No. 10, julio
-diciembre, 202
5
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data from literature and legal documents. The findings indicate that criminal
cases within the Megou Pak community are resolved through a customary trial
process known as Peppung, which prioritizes reconciliation between the offender
and the victim. Sanctions—both material and symbolic—are imposed to restore
social and cosmic harmony. Once both parties agree on the resolution, a ritual
called Angkon Muakhi or Mewari is performed, symbolically integrating the
victim into the offender’s family to reestablish peaceful relations. This process is
rooted in the local philosophy of Piil Pesenggiri, which upholds the values of
responsibility, mutual cooperation, and deliberative consensus. The study
concludes that customary law in the Megou Pak community exemplifies a form
of restorative justice that addresses the limitations of the formal criminal justice
system. It offers an effective alternative dispute resolution model that is
culturally embedded, socially responsive, and aligned with the broader goals of
the national legal system. Therefore, customary law should be acknowledged and
integrated as a vital element within Indonesia’s national legal framework.
Keywords: customary law, restorative justice, conflict resolution, indigenous
justice, alternative dispute resolution.
Derecho consuetudinario como instrumento de justicia restaurativa:
un enfoque alternativo para la resolución de conflictos penales en
sistemas jurídicos plurales
Resumen
Como nación pluralista, Indonesia reconoce la importancia del derecho
consuetudinario, tal como lo garantiza el artículo 28I de su Constitución. Este
estudio explora la aplicación del derecho consuetudinario en la resolución de
conflictos penales a través de un enfoque de justicia restaurativa. Para ilustrarlo,
la investigación se centra en la Comunidad Indígena Megou Pak Tulang
Bawang, en Lampung, la cual sirve como estudio de caso representativo de cómo
la sabiduría local se implementa dentro de un marco jurídico más amplio y de
relevancia universal. Utilizando un método jurídico empírico, el estudio se basa
en datos primarios obtenidos a través de entrevistas con líderes tradicionales y
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ISSN: 2660-9037 / Provincia de Pontevedra - España
Rahmi Dwi Sutanti
Pujiyono
Nur Rochaeti
Arsyad Rifki Damora
Customary law as an instrument of restorative
justice: an alternative approach to criminal
conflict resolution in plural legal systems
Año 5
, No. 10, julio
-diciembre, 202
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datos secundarios extraídos de literatura académica y documentos legales. Los
hallazgos indican que los casos penales dentro de la comunidad Megou Pak se
resuelven mediante un proceso judicial consuetudinario conocido como
Peppung, el cual prioriza la reconciliación entre el agresor y la víctima. Se
imponen sanciones —tanto materiales como simbólicas— con el fin de restaurar
la armonía social y cósmica. Una vez que ambas partes acuerdan la resolución,
se lleva a cabo un ritual llamado Angkon Muakhi o Mewari, que simboliza la
integración de la víctima en la familia del agresor para restablecer relaciones
pacíficas. Este proceso se basa en la filosofía local del Piil Pesenggiri, que
promueve los valores de responsabilidad, cooperación mutua y consenso
deliberativo. El estudio concluye que el derecho consuetudinario en la
comunidad Megou Pak ejemplifica una forma de justicia restaurativa que
responde a las limitaciones del sistema de justicia penal formal. Ofrece un
modelo alternativo efectivo de resolución de conflictos, culturalmente arraigado,
socialmente sensible y alineado con los objetivos más amplios del sistema legal
nacional. Por lo tanto, el derecho consuetudinario debe ser reconocido e
integrado como un elemento vital dentro del marco jurídico nacional de
Indonesia.
Palabras clave: derecho consuetudinario, justicia restaurativa, resolución de
conflictos, justicia indígena, resolución alternativa de disputas.
Introduction
Mezger interprets criminal law as a framework that associates an action
which fulfils particular criteria with a corresponding criminal outcome. This
definition may also be identified as ius poenale. Alongside ius poenale, the
concept of ius puniendi, which refers to the authority to impose punishment, is
also recognized. The application of punishment, intended as a response to the
perpetrator’s actions, is not a process that can be executed directly by the victim
or the community; it must be mediated through the state organs within the
criminal justice system (Sudarto, 2013). Consequently, the state appears to
assume responsibility for the losses incurred by the victim despite the frequent
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ISSN: 2660-9037 / Provincia de Pontevedra - España
Rahmi Dwi Sutanti
Pujiyono
Nur Rochaeti
Arsyad Rifki Damora
Customary law as an instrument of restorative
justice: an alternative approach to criminal
conflict resolution in plural legal systems
Año 5
, No. 10, julio
-diciembre, 202
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occurrence of the victim’s suffering remaining unaddressed through such
settlements.
The resolution of criminal cases via formal justice starkly contrasts the
established model associated with out-of-court settlements. This model is
referred to as penal mediation. Penal mediation emphasizes the interaction
between the offender and the victim, leading to its alternative designations such
as Victim Offender Mediation (VOM), Täter Opfer Ausgleich (TOA), or
Offender Victim Arrangement (OVA) (Arief, 2008).
Within the framework of Indonesian legislation, penal mediation is
recognized solely in Law No. 11 of 2012 concerning the Juvenile Criminal
Justice System, specifically through the provisions on diversion. The Juvenile
Criminal Justice System Act characterizes diversion as shifting the resolution of
cases involving children away from the criminal justice framework to an
alternative process. This transition must occur during the investigation,
prosecution, and court examination stages. According to Article 7, paragraph (2)
of the Juvenile Criminal Justice System Act, diversion is applied when the
offence carries a potential imprisonment of fewer than seven years and the
individual is not a repeat offender. Diversion is carried out through a systematic
process that includes discussions with the child and their parents or guardians,
the victim and/or their parents or guardians, community counsellors, and
professional social workers, all grounded in a restorative justice framework. The
deliberation aims to accomplish several key objectives: establishing peace
between the victim and the child, resolving the child’s case outside of the
judicial system, preventing the child from facing deprivation of liberty, fostering
community involvement, and instilling a sense of responsibility in the child.
Clío. Revista de Historia, Ciencias Humanas y Pensamiento Crítico
ISSN: 2660-9037 / Provincia de Pontevedra - España
Rahmi Dwi Sutanti
Pujiyono
Nur Rochaeti
Arsyad Rifki Damora
Customary law as an instrument of restorative
justice: an alternative approach to criminal
conflict resolution in plural legal systems
Año 5
, No. 10, julio
-diciembre, 202
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The Juvenile Criminal Justice System Act regulates penal mediation and is
frequently observed in community practices. A case of maltreatment involving a
housemaid was reported in Pulogadung, East Jakarta. The employer of the victim
engaged in maltreatment, justifying their actions by claiming the victim was not
performing her job adequately, which led to the employer’s resentment. The
local administrators facilitated reconciliation between the employer and the
victimized housemaid as a resolution to the case. A comparable resolution was
implemented in the incident involving a collision with a cyclist caused by the
driver of a rescue vehicle from the Takalar Regency Social Service. The car’s
driver acknowledged that he was operating the vehicle at an excessive speed on
Jalan Nusantara, Wajo, Makassar, while experiencing fatigue and drowsiness,
which resulted in the car veering to the right and colliding with Ridwan, also
known as Wawan. The driver was subjected to an internal review at the office,
while the victim received financial compensation for medical expenses. This
traffic accident case was resolved through mediation, effectively avoiding the
need for further formal judicial proceedings. A homeless couple in Kwitang,
Senen, Central Jakarta, stole a gas cylinder. The theft occurred due to
insufficient medical funds for their children, leading the perpetrators to resort to
stealing a gas cylinder from a shop owner to address their needs. The police
facilitated an agreement between the perpetrator and the victim to reconcile. The
offender forgives the victim, who subsequently expresses remorse and commits
to avoiding similar behaviours. The theft case concluded amicably outside of
court due to the absence of conflict between the perpetrator and the victim. The
analysis of the aforementioned cases demonstrates that the resolution of criminal
acts can be achieved through mediation or negotiations involving both the
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ISSN: 2660-9037 / Provincia de Pontevedra - España
Rahmi Dwi Sutanti
Pujiyono
Nur Rochaeti
Arsyad Rifki Damora
Customary law as an instrument of restorative
justice: an alternative approach to criminal
conflict resolution in plural legal systems
Año 5
, No. 10, julio
-diciembre, 202
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perpetrator and the victim. Mediation serves as a significant method of
alternative dispute resolution, particularly within the context of civil disputes. It
is also feasible for mediation to occur in criminal cases.
Indonesia does not solely rely on statutory regulations as the foundation for
its legal framework. Furthermore, Indonesia actively integrates societal values
into its development framework, particularly through the lens of customary law.
Lampung represents a region in Indonesia where customary law continues to be
upheld. The Megou Pak Tulang Bawang Indigenous People represent one of the
customary societies found in Lampung. Megou Pak Tulang Bawang represents
an indigenous community characterized by its unique local wisdom and values,
which significantly address various challenges. The Megou Pak Tulang Bawang
Indigenous People have consistently adhered to and implemented the customs
passed down through generations.
The customary law of the Megou Pak Tulang Bawang Indigenous People
employs mediation to frequently resolve criminal acts amicably. In instances
where death occurs as a result of a fight or quarrel, resolution may be achieved
through compensation provided by the perpetrator to the family of the victim.
Compensation encompasses material and immaterial aspects, as it serves the
purpose of restoring cosmic balance within the indigenous community.
Consequently, the notion of mediation, which emphasizes the resolution of
conflicts in criminal cases, must be acknowledged and reinforced as a
longstanding practice within indigenous communities to prevent it from being
undervalued in the national legal framework. This research will examine the
application of customary law among the Megou Pak Tulang Bawang Indigenous
People in addressing criminal cases. It will also analyze how the conflict
Clío. Revista de Historia, Ciencias Humanas y Pensamiento Crítico
ISSN: 2660-9037 / Provincia de Pontevedra - España
Rahmi Dwi Sutanti
Pujiyono
Nur Rochaeti
Arsyad Rifki Damora
Customary law as an instrument of restorative
justice: an alternative approach to criminal
conflict resolution in plural legal systems
Año 5
, No. 10, julio
-diciembre, 202
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resolution mechanisms employed by this community contribute to the reform of
criminal law in Indonesia. This study employs an empirical juridical approach,
emphasizing the collection of primary data sourced directly from local tribal
informants.
1. Living law: the ecognition of indigenous peoples and the role
of local wisdom in Indonesia’s legal system
Article 1, paragraph (1) of the Wetboek van Strafrecht (Criminal Code)
delineates the principle of legality within Indonesian criminal law, constraining
the sources of law to encompass written provisions or laws and regulations
solely. This provision appears to undermine customary law or unwritten law,
which represents the original legal framework that existed within Indonesian
society before acknowledging written provisions in the Criminal Code.
The concept of unwritten law is acknowledged in numerous legal
frameworks and regulations beyond the scope of the Criminal Code. The
Constitution of the Republic of Indonesia, Emergency Law No. 1 of 1951
regarding Temporary Measures for Organizing the Unity of Power Structures
and Civil Court Procedures, as well as Law No. 48 of 2009 concerning Judicial
Power, reflect this recognition. Article 18B paragraph (2) of the Constitution of
the Republic of Indonesia acknowledges the existence of the unity of indigenous
peoples and their traditional rights, stipulating that such unity and rights must
align with societal development and not contradict the principles of Indonesia,
which are fundamentally rooted in Pancasila. Consequently, this provision is
critical in assessing how unwritten law can be acknowledged in Indonesia.
Clío. Revista de Historia, Ciencias Humanas y Pensamiento Crítico
ISSN: 2660-9037 / Provincia de Pontevedra - España
Rahmi Dwi Sutanti
Pujiyono
Nur Rochaeti
Arsyad Rifki Damora
Customary law as an instrument of restorative
justice: an alternative approach to criminal
conflict resolution in plural legal systems
Año 5
, No. 10, julio
-diciembre, 202
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Alongside the Constitution of the Republic of Indonesia, the
acknowledgement of customary law as unwritten law in Indonesia is also
reflected in the Judicial Power Act. Article 50, paragraph (1) of the Judicial
Power Act states, “Court decisions must include not only the reasons and basis
for the decision but also specific articles of the relevant laws and regulations or
unwritten sources of law that serve as the foundation for the judgment.” This
provision indicates that while the formal criteria for declaring an individual
guilty of a criminal offence are established in written laws and regulations,
judges are also required to take into account unwritten sources of law when
adjudicating a case. This may be understood as formalizing unwritten provisions
within the Indonesian criminal system. The existence of indigenous peoples and
the laws governing them remains unaffected by whether or not they receive state
recognition. The persistence of indigenous peoples as cohesive communities can
be attributed to their collective desire to maintain unity. The community will
continue to thrive as long as the group members are committed to avoiding
dissolution.
The acknowledgement and presence of Indigenous Peoples in Indonesia
have been extensively analyzed through legal and sociocultural frameworks.
Their presence across the archipelago is clear, yet determining the criteria for
who qualifies as Indigenous Peoples involves intricate challenges, especially
within legal frameworks that seek to reconcile traditional customs with national
legislation. Indonesian law, particularly Law No. 27 of 2007 regarding the
Management of Coastal Areas and Small Islands, which was amended by Law
No. 1 of 2014, seeks to establish a formal definition. The amended law’s Article
1 point 33 establishes a thorough legal framework for comprehending
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ISSN: 2660-9037 / Provincia de Pontevedra - España
Rahmi Dwi Sutanti
Pujiyono
Nur Rochaeti
Arsyad Rifki Damora
Customary law as an instrument of restorative
justice: an alternative approach to criminal
conflict resolution in plural legal systems
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Indigenous Peoples. It characterizes them as collectives that have occupied
specific geographic regions over generations, linked by ancestral ties, with
profound connections to their land, territories, and natural resources. They
structure themselves through traditional institutions and legal frameworks that
align with national legislation.
This legal articulation delineates four essential characteristics that must be
evident for a group to attain recognition as Indigenous Peoples under Indonesian
law. Initially, it is essential to establish a verifiable and recognized historical link
between the community and the territory they occupy. History is frequently
conveyed through oral traditions, symbols, or territorial names, and it constructs
a narrative of origin that underpins the community’s legitimacy and identity.
This also illustrates the kinship patterns that link one group to another, depicting
a complex social network grounded in ancestry and collective cultural memory.
This notion of inherited belonging functions as an identifier of identity and a
basis for asserting territorial rights and autonomy.
Secondly, Indigenous Peoples are defined by their reliance on and
management of natural resources, especially in regions they oversee through
traditional practices. This is significant in coastal regions and small islands
where economic activities are closely linked to marine ecosystems. For these
communities, the sea transcends its role as merely a source of food or income; it
embodies a vital component of their cultural landscape. The sustainable
utilization of marine and fishery resources, guided by local wisdom and
established knowledge, exemplifies a sovereignty encompassing ecological and
cultural dimensions. Their management systems, frequently undocumented in
contemporary scientific language, illustrate profound ethical connections with
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ISSN: 2660-9037 / Provincia de Pontevedra - España
Rahmi Dwi Sutanti
Pujiyono
Nur Rochaeti
Arsyad Rifki Damora
Customary law as an instrument of restorative
justice: an alternative approach to criminal
conflict resolution in plural legal systems
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nature, highlighting a comprehension of conservation and equilibrium before
established environmental regulations.
The third requirement pertains to the existence of well-defined and
operational customary institutions. These institutions are pivotal in overseeing
various aspects of community life, including social, economic, spiritual, and
cultural dimensions. They serve a fundamental purpose beyond symbolism or
ceremony; they constitute the essential framework through which Indigenous
Peoples exercise self-governance. Leadership in these institutions is frequently
shaped by established traditions and collective agreement, with authority being
exercised in a way that maintains communal harmony. The governance
structures facilitate the transmission of values and collective decision-making,
reinforcing a sense of agency that is both communal and deeply connected to
identity.
Fourth, a dynamic body of customary laws—norms and rules rooted in
local wisdom—represents another key component. The rules embody a moral
and cultural framework transmitted across generations. They govern conduct,
delineate duties, and address disputes. Significantly, these are not merely
theoretical guidelines; they are actively adhered to, enforced through community
mechanisms, and possess legal and moral significance. The validity of these laws
is grounded in their connection to the daily experiences of individuals, which
contributes to their democratic essence. They are influenced by established
customs and the objective of achieving justice and promoting the community’s
well-being.
This definition reveals a complex understanding of Indigenous Peoples,
highlighting them not as static or isolated groups, but as dynamic and evolving
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ISSN: 2660-9037 / Provincia de Pontevedra - España
Rahmi Dwi Sutanti
Pujiyono
Nur Rochaeti
Arsyad Rifki Damora
Customary law as an instrument of restorative
justice: an alternative approach to criminal
conflict resolution in plural legal systems
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, No. 10, julio
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societies representing a unique relationship with the world. Their identities are
maintained through cultural heritage and active engagement: a continuous
interaction with land, nature, and one another via systems of knowledge and
governance that have developed naturally over centuries. This indicates that
utilizing local wisdom in specific areas of life does not inherently grant
Indigenous status. The unique characteristic of Indigenous Peoples lies in the
comprehensive incorporation of their wisdom across all facets of community
life—encompassing belief systems, ecological practices, social norms, and
leadership structures.
However, the legal framework presents an important stipulation: the
customary legal orders and practices of Indigenous Peoples must be consistent
with national legislation. Although appearing simple, this condition prompts
intricate inquiries regarding autonomy, pluralism, and the boundaries of state
acknowledgement. This indicates an effort to align traditional practices with
essential rights and national priorities. Conversely, it highlights a potential area
of conflict when indigenous practices are perceived as deviating from
government-mandated standards, particularly in situations related to land
utilization, resource extraction, or development strategies. The law recognizes
Indigenous Peoples but operates within a centralized legal framework that
maintains ultimate authority.
This situation encourages continuous dialogue and negotiation between
Indigenous communities and the state. For numerous Indigenous Peoples,
recognition transcends mere legal status; it encompasses restoring justice,
identity, and authority over their ancestral lands and traditional ways of life. This
approach emphasizes a distinct framework for development, prioritizing
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ISSN: 2660-9037 / Provincia de Pontevedra - España
Rahmi Dwi Sutanti
Pujiyono
Nur Rochaeti
Arsyad Rifki Damora
Customary law as an instrument of restorative
justice: an alternative approach to criminal
conflict resolution in plural legal systems
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equilibrium instead of exploitation, collaboration rather than competition, and
sustainability over disruption. Legal recognition should be paired with authentic
respect for indigenous systems of knowledge and governance and a commitment
to engage with these systems as remnants of history and viable alternatives for
the future.
The presence of indigenous peoples in the Lampung region originated
from the collective accounts of those who resided on Mount Pesagi, specifically
Sekala Brak. The alliance is evolving and can be categorized into two distinct
groups: the Lampung Saibatin Indigenous People, characterized by their strong
adherence to aristocratic values, and the Lampung Pepadun Indigenous People,
who emphasize democratic principles and collaborative efforts. “Lampung
Pepadun Indigenous People” derives from “pepaduan,” which signifies a
gathering of high-ranking royal officials or a deliberation focused on executing
customary justice, attended by local tribal leaders. The term “pepadun” refers to
a small bench with four legs utilized by customary courtiers during conflict
resolution discussions to foster harmony and peace (Putri et al., 2018). The
Lampung Pepadun Indigenous Peoples consist of various branches, including the
Megou Pak membership, which was established to advocate for the rights of
indigenous peoples in Tulang Bawang Regency. This group is collectively
known as Megou Pak Tulang Bawang.
Megou Pak Tulang Bawang represents a membership structure comprising
four descendants: Buai Bulan, Buai Tegamoan, Buai Umpu, and Buai Aji. The
four descendants are distributed across various sub-districts within Tulang
Bawang Regency (Putri et al., 2018). Historical records indicate that Tulang
Bawang was included within the boundaries of the North Lampung Regency
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ISSN: 2660-9037 / Provincia de Pontevedra - España
Rahmi Dwi Sutanti
Pujiyono
Nur Rochaeti
Arsyad Rifki Damora
Customary law as an instrument of restorative
justice: an alternative approach to criminal
conflict resolution in plural legal systems
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region. According to Law No. 2 of 1997, the formation of Tulang Bawang
Regency accounts for 22% of the total area of Lampung Province.
Subsequently, the area of this district was expanded, ultimately encompassing
approximately 3,466.32 square kilometres, which is divided into fifteen sub-
districts, four villages, and one hundred forty-seven villages (Sumargono et al.,
2021). This district encompasses a diverse array of natural resources and
indigenous knowledge, which are viewed as viable opportunities for
development aimed at enhancing the prosperity and welfare of all societal levels
and their future generations.
Local wisdom is fundamentally based on Indigenous peoples’ institutions’
knowledge systems and family management practices. This arises from the close
relationship they share. Indigenous peoples engage in a thorough process of
interaction and adaptation with their environment, enabling them to establish and
refine value systems, lifestyle patterns, institutional frameworks, and legal
structures that align with the specific conditions of their locale. This process
facilitates the development of a social system characterized by harmony and
balance (Writer’s Interview with Zainudin Hasan from Lampung University,
2024). The Lampung Indigenous People possess a deeply rooted philosophy of
life that shapes their identity and distinct characteristics, known as Piil
Pesenggiri. This philosophy is foundational to the Lampung people’s heritage,
providing a moral framework that guides their daily conduct. Piil Pesenggiri has
deeply influenced the legal culture of the Lampung Indigenous People, serving
as both a preventive principle and a normative framework against immoral or
reprehensible actions, including corruption, theft, and adultery. These acts lead
to a decline in the honour and dignity of the perpetrator and their family. Piil
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Pujiyono
Nur Rochaeti
Arsyad Rifki Damora
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justice: an alternative approach to criminal
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Pesenggiri operates on the principle that wealth and money are attainable
pursuits. Nonetheless, self-esteem, honour, dignity, and morality hold
significantly greater value than wealth and money. Piil Pesenggiri serves as a
representation of honour that requires preservation and inspiration drawn from
traditional values. This includes the behaviours associated with Nemui Nyimah
and Nengah Nyappur, which align with the Titie Gemattei norms or customary
rules that embody the local wisdom of the Megou Pak Tulang Bawang
Indigenous People.
Nemui Nyimah represents a fundamental value that underpins the
principles guiding the lives of the Lampung people. The people of Lampung
need to cultivate a welcoming and warm demeanour in their greetings. The
Lampung language interprets “nemui” as receiving guests, hosting visits,
fostering friendships, meeting one another, and extending a welcome. In the
meantime, “nyimah” is defined as being generous, polite, not stingy, and
characterized by a smile (Suwardi & Dinata, 2021). The concept of Nemui
Nyimah can be expressed through interactions with foreigners or individuals
from outside Lampung by providing a hospitable and cordial reception.
Consequently, visitors or guests will experience a sense of being well-served and
comfortable, which will likely motivate them to return. In the context of the
customs of the Lampung people, the social value of Nengah Nyappur is
intricately intertwined with a strong religious influence. The communal nature
and togetherness of the Megou Pak Tulang Bawang, Indigenous People illustrate
their religious philosophy, emphasizing common interests rooted in kinship,
assistance, and cooperation (Writer’s Interview with Zainudin Hasan from
Lampung University, 2024). The aforementioned positive aspects highlight that
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ISSN: 2660-9037 / Provincia de Pontevedra - España
Rahmi Dwi Sutanti
Pujiyono
Nur Rochaeti
Arsyad Rifki Damora
Customary law as an instrument of restorative
justice: an alternative approach to criminal
conflict resolution in plural legal systems
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the concepts of Piil Pesenggiri, Nemui Nyimah, and Nengah Nyappur represent
significant elements of Lampung culture. These concepts serve as a crucial
foundation for preserving social interactions, fostering harmonious and
sustainable community institutions, and facilitating conflict resolution by the
customary law or living law of the Megou Pak Tulang Bawang Indigenous
People.
2. The foundations of customary criminal law and the role of
local wisdom among the lampung indigenous peoples
The foundation of customary criminal law is established by Article 28I of
the Constitution of the Republic of Indonesia, which mandates the respect for
cultural identity and rights of traditional communities, aligning with
contemporary developments and civilization. This article indicates the state’s
acknowledgement and respect for the unity of Indigenous peoples and their
traditional rights, provided they remain active and aligned with the principles of
Indonesia. Customary law consists of a set of customs that are primarily
unwritten and not formally codified (Soekanto, 2008). It is important to
acknowledge the existence of various alliances or customary societies that
possess texts outlining provisions of customary law, including “Kitab Kuntara
Raja Niti,” “Pelatoeran Sepandjang Hadat Lampong,” and “Cepalo 12” among
the Lampung Indigenous People. Consequently, the traditional values upheld by
the Lampung people, particularly those of the Megou Pak Tulang Bawang
Indigenous People, are consistently preserved, as each Punyimbang or tribal
leader is responsible for transmitting these texts to subsequent generations.
Clío. Revista de Historia, Ciencias Humanas y Pensamiento Crítico
ISSN: 2660-9037 / Provincia de Pontevedra - España
Rahmi Dwi Sutanti
Pujiyono
Nur Rochaeti
Arsyad Rifki Damora
Customary law as an instrument of restorative
justice: an alternative approach to criminal
conflict resolution in plural legal systems
Año 5
, No. 10, julio
-diciembre, 202
5
Página
1363
Historically, a notable legislative outcome from the Lampung community
was the “Kuntara Raja Niti.” This book, in effect since the 16th century, serves
not only to regulate traditional ceremonial processions but also includes
provisions that govern relationships among individuals, neighbours,
communities, and even the dynamics between the populace and their king. This
book emphasizes the importance of instilling a sense of responsibility towards
the earth and the surrounding natural environment in individuals. Kitab Kuntara
Raja Niti is a crucial reference for Lampung customs, utilized by nearly all
Lampung sub-tribes, including Pepadun and Pesisir. This book outlines the
importance of discipline in preventing unethical behaviour, such as perjury.
Article 166 of Kitab Kuntara Raja Niti addresses explicitly the regulation of
testimony related to legal and justice matters, stating, “If someone swears an
oath, and it is later discovered that the oath was false, the person concerned shall
be fined 120 riyals”. The offence is articulated yet conveys a significant lesson:
perjury is a reprehensible act that undermines the customary law order within a
Lampung society, particularly affecting the Megou Pak Tulang Bawang,
Indigenous People. The two hundred forty-eight chapters of Kitab Kuntara Raja
Niti encompass regulations concerning self-respect, ethics, firmness,
friendliness, mutual respect, communication, youth morals, environmental
protection, and village cleanliness (Ayyuhda & Karsiwan, 2020). This book
presents a detailed examination of case settlements through customary law,
which includes various forms of compensation such as nyukak, the return of
stolen property referred to as “ulang ko sai di maling,” monetary fines, the
sacrifice of a specified number of buffaloes known as “mesol kibau,” and social
penalties like an exile from family and customary society (Melati, 2019).
Clío. Revista de Historia, Ciencias Humanas y Pensamiento Crítico
ISSN: 2660-9037 / Provincia de Pontevedra - España
Rahmi Dwi Sutanti
Pujiyono
Nur Rochaeti
Arsyad Rifki Damora
Customary law as an instrument of restorative
justice: an alternative approach to criminal
conflict resolution in plural legal systems
Año 5
, No. 10, julio
-diciembre, 202
5
Página
1364
Following the formation of the Megou Pak Tulang Bawang alliance, the
tribal leaders from the four established clans convened to evaluate the
implementation and safeguarding of the customary laws of Megou Pak Tulang
Bawang. Moving away from the consensus reached during the deliberative
agenda, a shared intention emerged to codify customary law principles into a
publication titled: “Pelatoeran Sepandjang Hadat Lampong.” This book on
customary law systematically compiles several key rules, including youth
association, title system, civil law, criminal law, and judicial system, organized
across multiple chapters. The text of Pelatoeran Sepandjang Hadat Lampong
outlines the principles of the Megou Pak Tulang Bawang customary law
concerning criminal offences. Specifically, Article 42, paragraphs (11), (12), and
(13) state: “If an individual kills a person of mega rank, the perpetrator is
required to pay wake, which signifies the replacement of the deceased’s soul,
amounting to f450.
Additionally, a fine of 30 riyals is imposed, along with the cost of one
buffalo at 10 riyals, to be borne by the Pepadun responsible for the act.” The
implication is that the individual responsible for the death of a titled person must
compensate with a fine of f450 to account for the lost soul, an extra fine of 30
riyals, and a buffalo valued at 10 riyals (Pratama, 2016). The formulation of the
offence indicates that an individual who engages in a criminal act, such as taking
another person’s life, will face standard penalties, which may include monetary
fines. The established sanctions outlined in each article of Pelatoeran Sepandjang
Hadat Lampong have been specifically designed to correspond with the degree
of guilt and the severe repercussions of an action.