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REVITALIZATION OF ADAT LAW AS AN INSTRUMENT OF SOCIAL ENGINEERING IN CENTRAL

Umbu Rauta and Ari Siswanto Faculty of Law, Satya Wacana Christian University E-mail: [email protected]

Abstract

This study focuses on the use of adat law as an instrument to influence the community’s behaviors in Central Sumba, particularly those concerning the performance of traditional ceremonies. Since the social cost required to perform the ceremonies could be very high and has been regarded as one of the impetus that drives poverty in the society, there was a demand to change the practice which is regarded as a reflection of wasteful lifestyle. The main issue discussed in this study is whether adat law could be used as a tool of social engineering to change the unwanted wasteful lifestyle. This study revealed that since adat norms are still strongly held in the community, adat law could be used as an instrument to change behaviors. Social engineering measures were taken by utilizing adat law to change the prodigal behavior in the form of the declaration of the Three Moral Move- ments.

Keywords: adat law, Central Sumba, social engineering, traditional rites.

Abstrak

Studi ini difokuskan pada penggunaan hukum adat sebagai instrumen untuk mempengaruhi perilaku masyarakat di Kabupaten Sumba Tengah, khususnya berkenaan dengan penyelenggaraan upacara- upacara tradisional. Oleh karena biaya sosial yang dibutuhkan untuk melakukan upacara-upacara ter- sebut sangat tinggi dan dianggap sebagai salah satu faktor pencetus yang mendorong terjadinya ke- miskinan dalam masyarakat, muncul kebutuhan untuk mengubah praktik yang dianggap mencermin- kan gaya hidup boros tersebut. Isu utama yang didiskusikan dalam kajian ini adalah apakah hukum adat dapat digunakan sebagai sebuah instrumen rekayasa sosial untuk mengubah gaya hidup boros yang tidak dikehendaki. Studi ini mengungkapkan bahwa karena norma-norma hukum adat masih di- pegang kuat oleh masyarakat, hukum adat dapat digunakan sebagai instrumen untuk mengubah peri- laku masyarakat. Langkah rekayasa sosial dengan menggunakan hukum adat untuk mengubah perilaku boros ditempuh dengan deklarasi Tiga Gerakan Moral.

Kata kunci: hukum adat, Sumba Tengah, rekayasa sosial, upacara tradisonal.

Introduction developed among the people of Central Sumba The people of Central Sumba refers to a and emanated from a particular societal value group of local communities who live in the cen- system. Therefore, the cultural attributes also tral part of Sumba island, especially in Central contain symbols reflecting particular meanings Sumba , Province in originating from such values. . Although as an administrative region One of the most important cultural attri- Regency of Central Sumba was only formed in butes among the people of Central Sumba is the 2007, the people of Central Sumba have been customary practices related to important events dwelling in the region since quite a long time. in human life, such as birth, marriage and Like any other indigenous people living in death. For these events, the people of Central various regions of Indonesia, the people of Cen- Sumba has developed a somewhat permanent tral Sumba have developed their own culture customs. Considering that these customs are over a long time. Deeply rooted in the local cul- also regarded as something inherited from an- ture, there are various cultural attributes that cestors, to some extent there is a strong feeling 348 Jurnal Dinamika Hukum Vol. 18 No. 3, September 2018

among the people that these adat practices However, as time goes by, there are var- should be implemented by all members of the ious factors that may make customary tradi- community. As described later, the word ‘adat’ tional practices gain new meaning, sometimes refers to a set of traditional customary norms shifting away from the original meaning. This is and practices developed among indigenous peo- exactly what happened to the funeral ritual ple of Indonesia. Emphasizing the normative practices among the people of Central Sumba. contents of the ‘adat’, Hurgronje coined the Slaughter of livestock in funeral rites that were word “adatrecht” or adat law.1 Similarly, Wig- originally a symbol of togetherness and compas- njosoebroto refers to what he termed as the sion have turned into a symbol of economic “moral of life of the community” developed prestige and wealth. On that basis, the number among the indigenous community even before of livestock that are slaughtered indicates the the establishment of the Republic of Indonesia.2 economic wealth of the host. This field of traditional customary law or adat From social and economic standpoints, law developed in the Netherlands Indies was slaughtering large numbers of livestock to de- studied systematically by a prominent Dutch monstrate wealth and prosperity is certainly an scholar, Van Vollenhoven.3 adverse practice as it generates enormous In the course of time, through the inter- costs. Unfortunately, the erroneous artificial actions of traditional communities with modern- symbolism seemed to gain legitimacy from soci- ization, there are times when the customary ety for some time. In the event of death and practices acquire new meanings. In such situa- the following funeral ceremony, one will be en- tions, there is a possibility that traditional prac- couraged to slaughter as many animals as pos- tices will be preserved but acquire new mean- sible to show the family's self-esteem, even if ings that sometimes are no longer consistent the action has to be done with great difficulty. with the original meanings embedded in these This inappropriate development concern- adat institutions. One of the situations des- ing the emergence of artificial meaning of tra- cribed above occurs on customary institutions ditional practices was seen by the Central Sum- relating to death and funeral rites among the ba government and community leaders as un- people of Central Sumba. The funeral rites productive and must be changed. The problem among the people of Central Sumba are charac- is, this practice seems to be strongly attached terized by slaughtering livestock. Originally, this to the customary practices that are somewhat practice is a symbolism reflecting the value of difficult to change. togetherness. The people of Central Sumba hold From the adat law perspective, there we- that togetherness is a primary value to uphold re certain practices, particularly concerning including in grief events, and slaughter of live- death and funeral rites, that people think were stock to be eaten together in funerals is a mani- based on adat norms, but in fact have shifted festation of togetherness and compassion. away from the original meanings. Thus, it turn- ed out that adat laws were simply used to dis- 1 Franz von Benda-Beckmann and Keebet von Benda-Beck- guise the inclination of the people to show off mann, “Myths and stereotypes about adat law: a reas- sessment of Van Vollenhoven in the light of current their economic prestige and wealth. On the one struggles over adat law in Indonesia”, Bijdragen tot de hand, the community incorrectly perceived that Taal-, Land- en Volkenkunde, Vol. 167 No. 2-3, 2011, p. 170. their adat law requires them to adopt wasteful 2 Danggur Konradus, “Kearifan Lokal Terbonsai Arus Glo- practices related to traditional cere-monies, on balisasi: Kajian terhadap Eksistensi Masyarakat Hukum Adat”, Masalah - Masalah Hukum, Vol. 47 No. 1, January the other hand, there was also a need to encou- 2018, p. 81; Zayanti Mandasari, “Politik Hukum Penga- rage members of the community to leave those turan Masyarakat Hukum Adat (Studi Putusan Mahkamah Konstitusi)”, Jurnal Hukum IUS QUIA IUSTUM, Vol. 21 practices. Encouraging people to abandon prac- No. 2, April 2014, p. 228. tices that they have followed for a long time 3 Mustaghfirin, “Sistem Hukum Barat, Sistem Hukum Adat, dan Sistem Hukum menuju sebagai Sistem Hukum ago is not an easy task. It is even more difficult Nasional Sebuah Ide yang Harmoni”, Jurnal Dinamika considering that the practices were thought to Hukum, Vol. 11, Special edition, February 2011, p. 92. Revitalization of Adat Law as an Instrument of Social Engineering In Central Sumba 349

be derived from and required by their adat law. comprises five (5) districts with 66 villages. The The introduction of a formal law, for instance five districts in Central Sumba Regency are Um- which concerns prohibition of prolonged rituals bu Ratu Nggay; Katikutana; Mamboro; West Um- to avoid wasteful practices from being applied bu Ratu Nggay; South Katikutana. extensively by the community will not likely be Referring to the statistical report issued a proper measure. The law may be formally is- by the statistical office of the regency, the po- sued, nonetheless people will tend to disregard pulation of Central Sumba Regency in 2015 was its normative contents as long as they are not 68,515,000 people, with the largest portion of compatible with their own values. When it oc- population reside in the District of West Umbu curs, the issued formal law will be caught in Ratu Nggay. Of all the population, 51% were operational difficulties which Vago termed as male and 49% female. In terms of density, the the “dysfunction of law” situation.4 Briefly, this most densely populated area was in the District means that in a situation where the use of for- of South Katikutana (142.15 inhabitants per mal law to direct behavior is not a sensible km2) and the lowest was in the District of Umbu choice, the use of adat law to influence beha- Ratu Nggay (16.94 people per km2). Based on vior is more reasonable. However, it is also pos- age, the largest population is in the age range sible to insert adat law norms in more formal between 0-4 years, which reached 10,294 peo- status, particularly in the form of local regula- ple. The total labor force in Central Sumba Re- tions. Such ‘mixed’ law is for instance described gency is 26,541 where 1,010 are open unem- by Ridwan, Dimyati & Azhari in their study on ployed. Most of the labor force in Central Sum- the positivication of local laws.5 ba (79%) works in agriculture, forestry, hunting Within that in mind, the Central Sumba and fisheries. For livestock, in addition to poul- government and community leaders initiated a try, the main livestock were pigs (57% of the movement utilizing adat law to change social livestock population), buffalo and horses (12% behavior within the realm of adat institutions, each), goats (10%) and cows (9%). In 2015 there particularly with regard to funeral rites. The were 16,356 households in the District of Cen- movement, which is known as the Three Moral tral Sumba. Of these, 79% were in the category Movements is determined as the object of this of underprivileged families. The number of bank study. Specifically speaking, the discussion in loans in 2015 amounted to 167,572 billion ru- this paper is directed to examine the question piahs, of which 89% were in the form of con- of how adat law was implemented in the pro- sumption loans. cess of social engineering particularly related to In Central Sumba Regency there are three death and funeral rites among the people of district police offices, one is headquartered in Central Sumba. Katikutana (with jurisdiction covering Katiku- tana and Southern Katikutana), one in Umbu Ra- Discussion tu Nggay (with jurisdiction including Umbu Ratu The people of Central Sumba live in the Nggay and West Umbu Ratu Nggay), and the administrative region of Central Sumba Regen- other one in Mamboro. According to police data, cy. Geographically, Central Sumba regency is crime rates in 2014 and 2015 in general tend to situated in Nusa Tenggara Timur (NTT) Provin- rise from 151 in 2014 to 171 in 2015. As per cri- ce. Its total land area stretches over 1,869.18 me trends in each district police office, the cri- km2. Administratively, Central Sumba Regency me rate in Mamboro decreased from 23 cases in 2014 to 13 cases in 2015. Based on data from the Ministry of Religi- 4 Steven Vago, 2012, Law and Society, Boston (MA): Pren- tice Hall, p. 20 ous Affairs, about 74% of Central Sumba resi- 5 Ridwan, Et.AL., “Perkembangan dan Eksistensi Hukum dents embrace , 16% Catholics, 6% Adat: Dari Sintesis, Transplantasi, Integrasi Hingga Kon- servasi”, Jurisprudence, Vol. 6 No. 2, September 2016, Islam and 4% follow other religions. Although p. 111-112.

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most people have embraced the formal reli- lang tribe. Before arriving at the “Patanung”, gions, there are still people who have local be- the death ritual or "Li Mati" passes through the liefs known as "" , a local belief which in following stages according to adat practices as fact is not only found in Central Sumba, but also described by Umbu Siwa Djurumana, a promin- in other Sumba areas. The term "marapu" ac- ent adat figure living in Kabonduk Village. cording to Onvlee comes from two words, “ma”, First, “Kaliarang", which is a ceremonial meaning "the" and "rapu", meaning "respected".6 practices performed when a person experiences Meanwhile, A.A. Yewangoe is of the opinion severe illness and is about to face death. This that "marapu" comes from the word "ma" and ceremony is intended to prepare the person to "rappu", meaning "hidden", which in whole return to the Creator. During the "Kaliarang", means “the hidden one”. According to Yewa- usually animal sacrifice, either pig or buffalo, is ngoe, there is also the possibility that the word offered according to the financial ability of the "marapu" comes from "mera" (similar) and "ap- family. Second, "Pamuangu", which is a tradition pu" (ancestors), which means "similar to the an- of expressing the last will, when a person is in a cestors."7 As a system of belief, Marapu played state of dying. At this stage, the dying person an important role in shaping the traditional cul- delivers his/her last will concerning the distri- ture and way of life of the Sumbanese in gene- bution of inheritance to close relatives, particu- ral.8 From the anthropological point of view, larly the children and/or grandchildren. Third, Soeriadiredja clearly pointed out that Marapu is "Betahu", is an expression used to refer to the basically the cultural identity of Sumba.9 situation when someone has passed away. When the death of a person is confirmed, a gong is The Shifting Value of Funeral Rites and the played immediately with certain beat as fol- Socio-economic Consequences lows: When a male dies, it begins with the beat- Like any other indigenous people, the na- ing of "Tau Todu" gong as many as 8 (eight) tives of Central Sumba are known for their beats in a row, followed by "Todu Halakungu" strong adherence to traditional values. Almost which its sound is purported to accompany the every aspect of their live is still influenced by departure of someone to meet God. The next traditional practices that could be traced back rhythm beaten is "Todu Tabungu" which delivers to very long time ago. One of the practices re- a message to the neighbourhood and relatives garded as essential by Central Sumba people is that someone has passed away. When a female the funeral rites and ceremony-related prac- dies, the gong is played following the "Todu tices. This traditional event is perceived as qui- Tadingangu", then "Todu Halakungu" and "Todu te important so that various traditional proce- Tabungu" beat rhythm. Third, The next stage is dures and standards are still profoundly obeyed called "Ihu" and "Paborung" or "Pajaukung". A by the community. person who has died will be bathed by the fam- According to adat law norms, there are ily using hot water mixed with lemon leaves. Af- several stages to pass in the funeral rites. The ter that, the tradition of "Paborung" (for male) burial of the corpse or "Patanung" is the final or "Pajaukung" (for female) is performed. At this stage of the death and funeral rites among the stage of rites, the deceased person is dressed people of Central Sumba, especially the Anaka- with . At the time of "Paborung" or "Paja- ukung" all family members and immediate relat- 6 Dharmaputra Tadulangga Palekahelu, 2010, Marapu: Ke- ives need to be present, especially those from kuatan di Balik Kekeringan, Disertasi, Program Doktor Studi Pembangunan, Salatiga: UKSW, p. 23. the uncle's line. Fourth, "Palebarungu" is the 7 Ibid. p. 24. tradition of removing the corpse from the inner 8 Dony Kleden, “Belis dan Harga Seorang Perempuan Sum- ba (Perkawinan Adat Suku Wewewa, Sumba Barat Daya, chamber to "Pinubakul/Halema" (a public room NTT)”, Studi Budaya Nusantara, Vol.1 No. 1, April 2017, usually reserved for guests) while a gong is play- p. 61. 9 Purwadi Soeriadiredja, “Marapu: Konstruksi Identitas ed and animals (pigs or horses) slaughtered. Budaya Orang Sumba, NTT”, Antropologi Indonesia, Vol. Fifth, The next stage is "Tauya ta Hadera", 34 No. 1, 2013, p. 60, 68. Revitalization of Adat Law as an Instrument of Social Engineering In Central Sumba 351

which is a practice to put the corpse on a chair the practice of bringing commodities to the made of bamboo. Prior to being placed on a grieving family also established as a symbol of chair, the legs/hands of the corpse should be condolences and comforts. In both practices the folded so that he can sit resembling the position underlying principle is that the provision of of a fetus. Sixth, "Peka Mati", it is a tradition of meals for the mourners and the provision of telling the whole family that a person has died. commodities to be presented to the grieving Prior to "Peka Mati", the family in the village family must not be excessive. This is quite held the discussion on the first night, to decide reasonable since the practice of providing meals which family members that will be notified and and commodities were basically symbols of to- invited to the the funeral ceremony or "Pata- getherness. nung”. Seventh, "Totu Mamati", ie the tradition In the course of time, however, the sym- of keeping the corpse before the burial. During bolic function of these practices tend to fade "Totu Mamati" the family slate keep coming to away. Instead of being a symbol of respect, the mourn. Eighth, "Patanung", which is the last provision of meals for mourners and commodit- stage, is the ceremony held to bury the corpse. ies is regarded as a symbol that defines the so- Before the funeral, on the last night a family cial status of families. In other words, what is deliberation called "Walla Bakul" will be held to behind this practices is no longer the demand of estimate or determine the type and number of adat norms, but the demand of social life. In animals to be sacrificed during "Patanung". such case, a grieving family will be regarded as Based on the stage of the death and fune- socially high-ranked if they could provide meals ral ritual as described previously, it appears to as many guests as possible and hold the cere- that each of these stages brings economic socio- mony for many days. Likewise, the visiting economic implications, because at some stages mourners would likely be regarded as socially the provision of commodities such as pigs, hor- important if they could provide as many as ses, cows, buffalo, and other objects such as goods to be given to the grieving family. cloth (regi), sarong (rabi), machetes (katopu), The shift of meanings behind the prac- and mamuli (a set of traditional jewellery) is tices in the funeral rites subsequently changed required. These items can have substantial fin- the community’s perception. In order to achieve ancial value, which must be borne by both the a desired social prestige, a grieving family grieving families and other families who are would likely take all measures possible to show invited to attend the funeral rituals. that they could provide meals in a substantial Additionally, feasts which involve the amount. Similarly, for the same reason, the vis- slaughter of a substantial amount of animals iting mourners would also bring many goods and were always held to welcome the visiting mour- commodities. To meet this “social requirement” ners on daily basis. It could take several days disguised in adat institution, it becomes a ra- before the deceased was finally buried and, due ther common thing for the families to look for to the close relationship among families, the financial loans from other families or third par- number of the visiting mourners could be nume- ties such as the bank. rous. This means that the family of the decea- One of the indicators to assess the impact sed have to provide meals as many as the mour- of adat rituals is the amount of bank loan. Ac- ners from day to day until the deceased was at cording to the statistics, the percentage of bank last put in the cemetery. loan for consumption purposes was 91% in 2013, Originally, the practice of providing meals 88% in 2014 and 89% in 2015 of the total bank for the visiting mourners were established as a loan in Central Sumba. Consumer loan reaches a symbol of respect for the guests who pay the significant amount and correlates with the pur- last tribute to the deceased. It reflects the soli- chase of goods or animals for the purposes of a- darity among the whole community. Similarly, dat ceremonies. The amount of consumer loan

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provides an illustration that the people of Cen- It was van Vollenhoven who tried hard to tral Sumba is attached to consumptive lifestyle classify various adat law in Indonesia into sim- (including spending to fulfill adat require- pler categories based on similarities among adat ments). In many cases, the household funds are laws. However at the bottom of his idea about mostly absorbed by adat rituals, and thus ex- adat law is the notion that adat law is basically penditure for education, health, and other basic traditional customs with “legal consequences” needs is less prioritized. It is strongly assumed which is none other than “enforceable sanc- that this kind of lifestyle is influenced by the tions.” Thus, by this definition of adat law, van preference for artificial prestige over the real Vollenhoven retains the existence of sanctions needs. as the most essential attribute of law. The notion of adat law also has been clo- Revitalization of Adat Law as an Instrument of sely connected with the notion that the law in a Social Engineering through the Three Moral society is actually born out of the cultural and Movements ideal domain particular to that society. Thus, The main problem discussed in this paper the law is at the same time a reflection of the is how adat law has been used to change social various values that are upheld by the society. As behavior in death and funeral rites among the an example, based on the "ubi societas, ibi ius" people of Central Sumba. Based on the problem adage, the idea that law emanates from the defined, there are two concepts to discuss na- cultural and ideal realms of a particular com- mely adat law and the function of law as a munity is put forward by von Savigny through means of social engineering. the concept of "volksgeist." According to Savig- Adat law is a concept that developed in ny, law is deeply embedded in culture, under- Indonesia since prior to the independence pe- stood as the spirit of the people (volksgeist).11 riod, when Indonesia is still a Dutch colony and Thus, the norms contained in adat law may also better known as the Dutch East Indies or Ne- regarded as emanating from the spirit of the therland’s India. The existence of various community which need to be preserved.12 groups of local communities and immigrants in In this context, the content of the Three the Dutch East Indies has led to the diversity of Moral Movements can be qualified as part of the laws, as each group, especially the indigenous adat law of Central Sumba. The agreement con- people, owns and implements its own laws. The tained in the movements clearly shows the exis- law developed in the various indigenous groups tence of norms, namely the standard of what is largely an unwritten customary law. Those can be done and that should not be done by the laws are later known as adat law. The recogni- community. The norms are also formulated with tion of adat law as the source of law among In- the central role of the prominent adat figures digenous groups in Netherland’s India took place and their implementation is also supervised by in 1848 when H.L. Wichers, then the Chief of adat institutions. In addition, an important ele- the Hogerechtshof (the Netherland’s India Su- ment that also determines the content of the preme Court), accepted “religion law or ethical Three Moral Movements as adat law is the exist- rules and customs that have been practiced ence of adat sanctions that can be applied to through generations” as law applicable to indi- offenders of adat norms that have been mutu- genous groups. The inclusion of customary laws ally agreed upon. into the colonial formal law signified the coming of indigenous groups’ customary law, also known as adatrecht (adat law) into the legal 11 M.Saleh, “Eksistensi Hukum Adat dalam Polemik Hukum order of the colony.10 Positif Suatu Kajian dalam Perspektif Tatanegara”, Jur- nal IUS, Vol I, No.3 December 2013, p. 538. 12 Muhammad Azil Maskur, “Internalisasi Nilai-nilai Masya- rakat Adat dalam Pembaharuan Hukum Pidana Nasio- 10 Peter Mahmud Marzuki, 2011, An Introduction of Indo- nal”, Masalah-Masalah Hukum, Vol. 47 No. 1, January nesian Law, Malang: Setara Press, p. 9. 2018, p. 23. Revitalization of Adat Law as an Instrument of Social Engineering In Central Sumba 353

Adat law norms are generally part of so- The shift in the meaning of the traditional cial norms that strongly define the behavior of rites is regarded as a significant issue because community members. The presumption that there is a phenomenon in society which shows adat law norms derived from the ancestors usu- that traditional rituals tend to be the veil of a ally will encourage the community to retain a- prodigal lifestyle that is not in line with the ori- dat law and practices. As long as the adat ginal meaning of those rituals. For example, the norms do not violate religious norms, they are giving of dowry or belis in the form of livestock preserved by the society.13 In the case of Cen- actually has a symbolic meaning that marriage tral Sumba, however, the situation is somewhat is the beginning of a relationship between two different. Instead of being conserved, Adat law humans formed through the institution of marri- is re-established with a genuine understanding age. Therefore, belis is only a symbol for the to correct behavior that externally appears to establishment of a new human relationship. be an adat institution but internally is given With such understanding, originally the adat new meaning that is no longer in line with the norms of the people of Central Sumba did not values ideal cultural value. require a large quantities of the livestock sub- This situation is somewhat unique becau- mitted, but ranges in the amount of between se what goes on in Central Sumba shows that 11-17 animals that could be buffaloes, horses or adat law can also function as a tool to change pigs. However, in the course of time, there are people's behavior. Generally, the function of irregularities in the number of 'belis' from do- law as an instrument of social engineering is zens to hundreds of animals. At this point the more often discussed in the context of modern meaning of belis has shifted from cultural sym- law. However, this study shows that traditional bol to becoming indicator of social status. The adat law can play an important role in changing shift of the function of belis from cultural to so- the behavior of community members to achieve cio-economic function in turn requires people to common goals. As mentioned previously, the perceive that 'belis' determines their social vehicle by which adat law was revitalized and status. The attachment to traditional adat prac- used as an instrument to change the commun- tices and the shifting of the meaning of belis ity’s behavior was the formation of an adat con- subsequently makes people feel "obliged" to de- sensus called the Three Moral Movements. mand and give 'belis' in large numbers. The concrete idea for any necessary The same thing also happens with death measure to change the behavior associated with and funerals rites. The people of Central Sumba the death and funeral rites began to emerge in generally hold the view that the occurrence of 2010 during a seminar on the Three Moral Move- death should be accompanied by feast and live- ments held on Februari 3 - 5, 2010 in Waibakul, stock slaughter. Beside functioning as a symbol Central Sumba and consultation among the pro- of togetherness, livestock slaughter also cul- minent figures in Central Sumba’s adat com- turally reflects the view that humans and cattle munity.14 The forum identified three problems are two inseparable things. However, when ap- with adat dimension faced by the people of plied, feast in death rites and funerals tend to Central Sumba, that is the problem concerning be excessive, resulting in considerable cost. the shift of farming pattern which now only To overcome the problems related to tra- relies on rain-fed farming, the issue concerning ditional practices as identified in the musyawa- the shifting cultural meanings of traditional ri- rah/ deliberation of adat consultation, the local tes which now tend to lead to the hedonistic li- government of Central Sumba along with the festyle, and issues of public order and security. adat leaders launched a set of moral move- ments known as the Three Moral Movements. 13 Ibid., p.26. This term was chosen because this movement 14 Umbu Rauta, Et.Al., “Tiga Gerakan Moral Sebagai Hu- kum Adat Masyarakat Sumba Tengah”, Jurnal Ilmu Hu- was specifically intended to respond to three kum Refleksi Hukum, Vol. 1 No. 2, April 2017, p. 219.

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existing problems: a shift in farming patterns tablishment and inauguration of the adat insti- focused on rain-fed agriculture resulting in tution to oversee the implementation of the abandoned dry land, a shift in the meaning of moral movement at the regency level. adat rites towards the exhortation of hedonism As far as the rites of death and funerals as well as the issue of regional security and or- concerned, the main agreed points under the der. Based on these three problems, the Three Frugal Lifestyle Movement category are as fol- Moral Movements consists of three movements lows: The longest burial time allowed is three each of which is intended to respond to each of days and three nights; and The maximum num- the three problems. The Three Moral Move- ber of animals slaughtered at the time of burial ments consist of the Back to Farm Movement (to is three. empower the abandoned dry lands), the Frugal The limitation of the time for burial was Lifestyle Movement (to respond to the problem meant to shorten the time for rituals so that of hedonistic lifestyles disguised in customary meals are not provided excessively during any rites and the Safe Village Movement (to respond longer time neither more often. Meanwhile, the to issues of security disturbance and public or- limitation of the number of animals slaughtered der generally). has a fairly clear purpose, which is to avoid ex- Based on the three components of the cessive cutting of livestock. Both of the above moral movements, the part that has relevance limitations are intended to change the behavior to the issue under discussion is the second com- of people in the rites of death and burial so as ponent, the Frugal Lifestyle Movement. As pre- not to be excessive, wasteful and potentially viously mentioned, more specifically, the focus impoverish the community. of this paper is the Frugal Lifestyle Movement The Three Moral Movements also have a directed against death and funerals rites. coercive normative force since its enforcement The launching of the Three Moral Move- is also accompanied by adat sanctions. Those ments was implemented in stages starting with who commit the breach of mutual agreement as formulation of particular norms in each of the outlined in the form of restrictions will be sub- five districts and subsequently in Sumba Tengah ject to adat sanctions which are also mutually Regency. The launching of Three Moral Move- agreed upon. From this point of view, it is well- ments at the district level was conducted at dif- founded to assert that the revitalized adat law ferent times during June and October 2010. At has played a role as a tool of social engineering. the district level, the formulation of the Three The concept of law as a tool of social en- Moral Movements involved the officials of the gineering itself cannot be separated from the districts and villages as well as adat instituti- figure of Roscoe Pound. Based on the assump- ons. The formulation of the content of the tion that the law cannot be separated from the Three Moral Movements in the districts of Kati- social environment in which it is created and kutana, South Katikutana and Umbu Ratu Nggay enforced, Pound develops the idea that law can was also accompanied by the inauguration of be an instrument for social change. According adat institutions mandated to oversee the im- to Pound, one of the most important functions plementation of the agreements contained in of the law in the social environment in which it the Three Moral Movements. operates is to become an instrument for shaping Following the statement of pledge to society through the regulation of the conduct of comply with the norms contained in the Three its members. Vagoperceives social engineering Moral Movements in each district, the Three Mo- as "purposive, planned, and directed social cha- ral Movement was then launched at the regency nge initiated, guided and supported by the level through the Declaration of Pledge and Re- law."15 solution of Community of Central Sumba Re- gency, held in Waibakul on October 28, 2010 ac- companied by traditional ceremony and the es- 15 Steven Vago, op.cit., p. 20. Revitalization of Adat Law as an Instrument of Social Engineering In Central Sumba 355

Based on this basic concept, it can be those who are socially and economically less ca- concluded that the declaration of the Three Mo- pable will not feel the need to hold death rites ral Movements containing adat law in Central and funerals beyond their ability just to pursue Sumba is part of the effort to change society. As prestige. Therefore, from this phenomenon it far as the ritual of death and burial is concer- can be inferred that revitalized adat law can be ned, the movements seek to establish a rational a very effective instrument of social enginee- society in which traditional rites concerning ring, especially among traditional societies that death and funeral are performed not excessive- still have strong attachment to customary norms ly and in more sensible ways. This policy goal is and institutions. This finding seems to confirm to be achieved through the revitalization of van Vollenhoven’s notion that adat law is deve- adat law, in which the leaders of indigenous loping and moving forward and that adat de- peoples in Central Sumba affirms that the ex- cisions create adat law.16 At the same time, the cessive and consumptive behavior in death and finding of this study also challenges the com- funeral rites is in fact incompatible with the mon yet improper idea that adat law is no long- genuine wisdom and values. Through the reaf- er compatible with modernized societies.17 On firmation of adat law, people in Central Sumba the contrary, this study shows that revitalized were asked to return to the original adat norms, adat law may well be used in social engineering which refute the association between tradi- efforts. After all, adat law is a product of local tional rites and socioeconomic status. wisdom from the past time and could still be The declaration of the Three Moral Move- used as the guiding principles for the commu- ments in this case is an ingenious measure of nity where it exists.18 social engineering. The community, as the tar- get of behavioral change have not been front- Conclusions ally confronted with unfamiliar instruments of Based on the above discussion, the main change, but with the instruments of adat law conclusions can be drawn as follows. First of all, itself that they are familiar with. The adher- the rites of death and funeral are essentially ence of the community to adat norms is posi- still applied by the people of Central Sumba be- tively exploited by adat leaders to affirm that cause they are seen as the practice inherited there are behaviors that must be changed be- from their ancestors. However, in the course of cause they are not in line with true adat values. time, there is a shift of meaning with regard to At this point, the adat authorities and figures feast and slaughtering animals in the rites of played a very crucial role. Through them, the death and funeral, from symbols of together- society is more easily convinced to make beha- ness and sympathy into a symbol of socioeco- vioral changes because the changes are reques- nomic status. The shift of meaning as men- ted by those who are culturally legitimate. Sim- tioned above also encourage people to take ex- ilarly, the launching of Three Moral Movements cessive action in death and funeral rites in the conducted at districts and regency level through form of more frequent feast and slaughtering traditional ceremonies has contributed to the animals in large quantities. This situation en- legitimacy of the Three Moral Movements couraged community leaders, government of- among the people. ficials and adat leaders to take the initiative to From social perspective, when the cus- carry out social engineering efforts by utilizing tomary norms in the Three Moral Movements are applied to all members of the society, those 16 Lastuti Abubakar, “Revitalisasi Hukum Adat sebagai who are socially and economically more capable Sumber Hukum dalam Membangun Sistem Hukum Indo- nesia”, Jurnal Dinamika Hukum, Vol. 13 No. 2, May will ultimately be conditioned to carry out the 2013, p. 322. rites of death and funeral in a simple manner 17 Eka Susylawati, “Eksistensi Hukum Adat dalam Sistem Hukum di Indonesia”, Al-Ihkam, Vol. IV No. 1, June according to the agreed limitations. Likewise, 2009, p. 127. 18 Danggur Konradus, op.cit., p. 85.

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adat law to change the excessive behavior, in Masalah Hukum. Vol. 47 No. 1. January the form of the declaration of Three Moral Mo- 2018. Pp. 22-31. DOI: 10.14710/mmh.47. vements. Finally, it is reasonable to conclude 1.2018.22-31; that the use of adat law to conduct social en- Mustaghfirin. “Sistem Hukum Barat. Sistem Hu- kum Adat. dan Sistem Hukum Islam menu- gineering among the people of Central Sumba is ju sebagai Sistem Hukum Nasional Sebuah an ingenious step, considering that adat law is Ide yang Harmoni”. Jurnal Dinamika still strongly recognized among the people of Hukum. Vol. 11 special edition. February Central Sumba. 2011. Pp. 89-95. DOI: 10.20884/1.jdh. 2011.11.Edsus.265; Acknowledgements Palekahelu, Dharmaputra Tadulangga. 2010. The authors would like to express their Marapu: Kekuatan di Balik Kekeringan. Dissertation. Program Doktor Studi Pem- gratitude to Mr. Umbu Siwa Djurumana, a pro- bangunan. Salatiga: UKSW; minent adat figure in Kabonduk village, Central Rauta, Umbu. Et. Al. “Tiga Gerakan Moral Se- Sumba, who shared important information con- bagai Hukum Adat Masyarakat Sumba Te- cerning the death and funeral rites according to ngah”. Jurnal Ilmu Hukum Refleksi Hu- traditional adat rules of Central Sumba. kum. Vol. 1 No. 2. 2017. Pp. 213 – 231. DOI: 10.24246/jrh.2017.v1.i2.p213-232; References; Ridwan, Et.Al. “Perkembangan dan Eksistensi Abubakar, Lastuti. “Revitalisasi Hukum Adat se- Hukum Adat: Dari Sintesis. Transplantasi. bagai Sumber Hukum dalam Membangun Integrasi Hingga Konservasi”. Jurisprud- Sistem Hukum Indonesia”. Jurnal Dinami- ence. Vol. 6 No. 2. September 2016. Pp. ka Hukum. Vol. 13 No. 2. May 2013. Pp. 106-115. DOI: 10.23917/jurisprudence. 319–331. DOI: 10.20884/1.jdh.2013.13.2. v6i2.3008; 213; Saleh, M. “Eksistensi Hukum Adat dalam Po- Kleden, Dony. “Belis dan Harga Seorang Perem- lemik Hukum Positif Suatu Kajian dalam puan Sumba (Perkawinan Adat Suku We- Perspektif Tatanegara”. Jurnal IUS. Vol I. wewa. Sumba Barat Daya. NTT)”. Studi No. 3. December 2013. Pp. 536-552; Budaya Nusantara. Vol. 1 No. 1. April Soeriadiredja, Purwadi. “Marapu: Konstruksi I- 2017. Pp.56-70; dentitas Budaya Orang Sumba. NTT”. An- Konradus, Danggur. “Kearifan Lokal Terbonsai tropologi Indonesia. Vol. 34 No. 1. 2013. Arus Globalisasi: Kajian terhadap Eksis- Pp. 59-73. DOI: 10.7454/ai.v34i1.3197 tensi Masyarakat Hukum Adat”. Masalah- Susylawati, Eka. “Eksistensi Hukum Adat dalam Masalah Hukum. Vol. 47 No. 1. January Sistem Hukum di Indonesia”. Al-Ihkam. 2018. Pp. 81-88. DOI: 10.14710/mmh.47. Vol. IV No.1. June 2009. Pp. 125-140. DOI: 1.2018.81-88; 10.19105/al-ihkam.v4i1.267; Mandasari, Zayanti. “Politik Hukum Pengaturan Vago, Steven. 2012. Law and Society. Boston Masyarakat Hukum Adat (Studi Putusan (MA): Prentice Hall; Mahkamah Konstitusi)”. Jurnal Hukum IUS Von Benda-Beckmann, Franz and Keebet Von QUIA IUSTUM. vol. 21 No. 2. April 2014. Benda-Beckmann. “Myths and stereotypes Pp. 227-250. DOI: 10.20885/iustum.vol21. about adat law: a reassessment of Van iss2.art4; Vollenhoven in the light of current strug- Marzuki, Peter Mahmud. 2011. An Introduction gles over adat law in Indonesia”. Bijd- of Indonesian Law. Malang: Setara Press; ragen tot de Taal-. Land- en Volken- Maskur, Muhammad Azil. “Internalisasi Nilai- kunde. Vol. 167 No. 2-3. 2011. Pp. 167- nilai Masyarakat Adat dalam Pembaha- 195. ruan Hukum Pidana Nasional”. Masalah-