ADAT COURTS AS AN IDEAL ALTERNATIVE DISPUTE RESOLUTION

Abstract

In late September/early October 2025, I Wayan Dharma Yudha from Sanur, Bali, was subjected to the heaviest customary sanction, kanoroyang, for erecting a billboard for two candidates for Klian Adat. This decision sparked controversy as it was deemed to contradict customary law and local regulations. In Pontianak, Rizky Kabah received four customary punishments from the Dayak Customary Council through a meeting at the Rumah Betang, with an emphasis on transparent implementation to avoid the perception of punishment as retaliation, considering that Dayak customary law focuses on peace. Customary Courts, as a form of Alternative Dispute Resolution (ADR), utilize customary law and local wisdom to resolve conflicts without formal procedures, involving the community, and striving to reach a consensus. This court system is distinctive because it does not distinguish between criminal and civil cases. The challenges that arise include harmonizing Customary Court decisions with the national legal system, such as the issues that emerged in the imposition of the kanoroyang sanction on I Wayan Dharma Yudha. Similarly, the effectiveness of dispute resolution compared to formal courts is also a concern. This study adopts a legislative, comparative, and conceptual approach, focusing on the analysis of a real case in Central Kalimantan, particularly from the decision of the Dayak Customary Court. The hypothesis is that Customary Dispute Resolution could be the best means of resolving disputes, although its implementation requires supervision to ensure justice within the community. The customary community is considered as an extended family, so expanding the understanding of family members can influence the resolution of cases based on customary law.