PERAN HUKUM ADAT LAR VUL NGABAL DALAM PENYELESAIAN KONFLIK ANTARUMAT BERAGAMA DI KEPULAUAN KEI

ABD.RAUF NIM. 03.3., 386-BR (2008) PERAN HUKUM ADAT LAR VUL NGABAL DALAM PENYELESAIAN KONFLIK ANTARUMAT BERAGAMA DI KEPULAUAN KEI. Doctoral thesis, UIN SUNAN KALIJAGA.

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Abstract

This research focuses on the resolution of religion conflict in Kepuiauan Kei (Kei Islands). The conflict resolution is done through the tradition system of Lar Vul Ngabal. The conflict in Kei Islands is a series of happening in Ambon, the capitol city of Maluku Province. There are so many victims. Various ways have been done by the government to solve the conflict, however, the result has not been as expected or even the reverse. This, consequently, makes the conflict escalate and spread across the Kei Islands. The Kei Islands society has a tradition law that is called Lar Vul Ngabal, beside the formal law and Islamic Law. The tradition law is accepted as a means to unify the society, both Moslems and Christians. However, the inter-religion conflict occurs despite the togetherness. Therefore, this research is important to understand the implementation of the tradition law of Lar Vul Ngabal in the society. It also aims to examine the mechanism and effectiveness of the tradition law in providing the conflict resolution among the inter-religious community. Lar Vul Ngabal law is formed based on the mixture of cultural values of migrant society from various regions in Indonesia including Kei Islands. The migrants from North Maluku-Ternate, Jailolo, and Tidore—are Moslems that help enrich the tradition law of Lar Vul Ngabal. As a consequence, the influences of Islamic law appear in the substance, structure and culture of the society law, and become the typical characteristics in implementing the tradition law. To obtain an optimum result of the conflict resolution, an anthropology approach is applied. This approach is based on the analysis of M. Lawrence Friedman about substantive law theory and procedural theory. The concept is used as an instrument that leads to normative analysis in Lar Vul Ngabal as a living law in the society. In addition, this concept is combined with the utility theory of J. Bentham that emphasizes how the law can make the society pleased and thereby lessen their suffering. The same is also true for the theory of Spuarmill in which it focuses on the balanced treatment on individuals and groups in response to the society problems. The implementation of substantive law and procedural law is relevant due to this research focus on inter-religion conflict resolution in Kei Islands through the tradition law of Lar Vul Ngabal. From the approach and theory, it could be found that the tradition law of Lar Vul Ngabal is able to solve the inter-religion conflicts. The process of conflict resolution is driven and done through tradition law structure that is based on Lar Vul Ngabal, Manut Anmehe Tilur philosophy, fuut Anmehe Ngifun (eggs come from a chicken and a fish), and ain in ain (having each other). The conflict resolution could be done simultaneously in three forms, namely: preventing conflicts to maintain peace (peace keeping), encouraging transition, transforming conflicts to create peace (peace making), and encouraging reconciliation through peace building. The conflict resolution could be achieved through apologizing (hermaaf) that is similar to that of Islamic law. Therefore, conflicts that are handled through the tradition law of Lar Vul Ngabal plays similar role in Islamic law. As a result, it strengthens the tradition law and Islamic law, conserves local culture and accommodates Islamic culture. The old and enduring tradition law of Lar Vul Ngabal is proven to have resilience that reconciles itself and thereby creating reconciliatory power for others. In other words, peace is built without any interference and external influence.

Item Type: Thesis (Doctoral)
Subjects: Ilmu Agama Islam
Divisions: Pascasarjana > Disertasi > Ilmu Agama Islam
Depositing User / Editor: Miftahul Ulum, S.Kom ------- youtube : ulum virgo -------- Facebook : digilibuin
Date Deposited: 21 Jan 2015 01:48
Last Modified: 10 Apr 2015 03:48
URI: http://digilib.uin-suka.ac.id/id/eprint/15247

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