SANKSI ADAT BAGI PELAKU KAWIN HAMIL (NGAMPANG SETENGAH) DI DESA EMPARU BARU: ADAPTASI HUKUM ADAT DAYAK DALAM KOMUNITAS ISLAM

Vicky Dede Aridha, S.H, NIM.: 23203011193 (2025) SANKSI ADAT BAGI PELAKU KAWIN HAMIL (NGAMPANG SETENGAH) DI DESA EMPARU BARU: ADAPTASI HUKUM ADAT DAYAK DALAM KOMUNITAS ISLAM. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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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.

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