@mastersthesis{digilib74281,
           month = {August},
           title = {SANKSI ADAT BAGI PELAKU KAWIN HAMIL (NGAMPANG SETENGAH) DI DESA EMPARU BARU: ADAPTASI HUKUM ADAT DAYAK DALAM KOMUNITAS ISLAM},
          school = {UIN SUNAN KALIJAGA YOGYAKARTA},
          author = {NIM.: 23203011193 Vicky Dede Aridha, S.H},
            year = {2025},
            note = {Dr. Ahmad Bunyan Wahib, M.Ag., M.A.},
        keywords = {Pidana Adat, Hukum Adat, Kawin Hamil},
             url = {https://digilib.uin-suka.ac.id/id/eprint/74281/},
        abstract = {The phenomenon of premarital pregnancy, known as ngampang setengah
within the Dayak customary community of Emparu Baru Village, represents a
crucial issue reflecting the encounter between customary norms and Islamic
teachings. In Dayak customary law, this act is considered a moral violation that
disrupts social harmony, thus requiring customary sanctions in the form of fines
and symbolic rituals. However, with the growing Muslim population, there has been
a need to adjust customary practices to ensure alignment with Islamic principles,
particularly the prohibition of forbidden objects such as pigs and the elimination
of non-Islamic ritual elements. This condition illustrates the dynamics of legal
pluralism and legal dualism, where customary law and Islamic law coexist within
a single community.
This study employs a qualitative method with a socio-legal approach. Data
were collected through in-depth interviews with customary leaders, village
authorities, and offenders of ngampang setengah, as well as direct observation of
customary sanction processes and document analysis of relevant customary rules.
The data were analyzed descriptively and analytically to understand the
mechanisms of sanction implementation, the forms of adaptation applied within the
Muslim community, and their implications for local legal practices.
The findings show that Dayak customary sanctions against offenders of
ngampang setengah in Emparu Baru Village are carried out through material and
symbolic fines. For non-Muslims, sanctions consist of money, livestock (pigs and
chickens), and symbolic objects such as jars, plates, and iron, accompanied by
ritual ceremonies at the river. For Muslims, elements conflicting with Islamic law
are replaced with monetary payments, while symbolic objects are preserved. The
implementation of sanctions is conducted through deliberations involving
customary leaders, religious figures, and village officials, while the collected fines
are distributed to the community. This adaptation reflects the accommodative
stance of Muslims, who do not reject customary law but modify its application to
align with religious values. Consequently, customary law and Islam can coexist in
preserving honor, responsibility, and social balance. Such adaptation demonstrates
the flexibility of Dayak customary law in accommodating differences in religious
belief without diminishing its symbolic meaning and restorative function.}
}