The Existence of Customary Hasumpah in Dispute Resolution among the Dayak Community: A Living Law and National Law Perspective

Abstract

Hasumpah Adat is one of the dispute resolution mechanisms that continues to exist and develop within the Dayak community in Central Kalimantan. Although the national legal system places greater emphasis on formal procedures and juridical evidence, the practice of Hasumpah Adat is still maintained as a means of dispute resolution based on the values of trust, truth, and social balance. This study aims to analyze the existence of Hasumpah Adat as living law and its relevance within Indonesia’s national legal system. The research employs a sociological legal method with a descriptive qualitative approach through a literature review. Data were obtained from legislation, books, scholarly journals, and documents related to Dayak customary law. The findings indicate that Hasumpah Adat continues to possess strong social legitimacy and functions as a mechanism of proof in dispute resolution when formal evidence is insufficient. The spiritual sanctions associated with this practice also contribute to fostering the moral and psychological compliance of the parties with the outcome of the dispute resolution process. Furthermore, the recognition of living law within society under Article 18B paragraph (2) of the 1945 Constitution and Law No. 1 of 2023 on the Criminal Code strengthens the position of Hasumpah Adat as part of Indonesia’s legal system. This study concludes that Hasumpah Adat continues to exist as a manifestation of living law that remains relevant in supporting dispute resolution based on substantive justice.