Jurnal Bina Praja 11 (1) (2019): 53-62

p-ISSN: 2085-4323 | e-ISSN: 2503-3360 JURNAL BINA PRAJA Journal of Home A airs Governance JURNAL BINA PRAJA VOLUME 11 | ISSUE 1 | MAY 2019 e-ISSN: 2503-3360 | p-ISSN: 2085-4323

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Accredita on Number: 21/E/KPT/2018 21/E/KPT/2018 Valid thru: November 2020

Published by: Research and Development Agency Ministry of Home Affairs http://jurnal.kemendagri.go.id/index.php/jbp/index Republic of Indonesia

Nagari Customary Justice System in West Sumatra

Welhendri Azwar*, Muliono, Yuli Permatasari, Huriyatul Akmal, Syamsul Ibrar, Melisa State Islamic University of Imam Bonjol Padang Jl. Prof. Mahmud Yunus No. 1 Lubuk Lintah Padang, Sumatera Barat

Received: 3 March 2019; Accepted: 9 April 2019; Published online: 31 May 2019

DOI: 10.21787/jbp.11.2019.53-62

Abstract The state recognizes and respects indigenous and tribal people and their traditional rights insofar as they are alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia,

Justiceas contained system in in Article an effort 18 toB paragraphprotect the 2 existence of the 1945 of the Constitution. rights of indigenous However, peoplethe fulfillment to build ofthe cultural strength identity of civil and society the inrights West of Sumatra. indigenous This people research have uses not research been maximized. and development This study methods. aims to Data find retrievalthe conceptual is done model by survey, of the observation, Customary interview, and Focus Group Discussion (FGD) methods. This study found that; 1) Minangkabau people have their own local wisdom in resolving customary disputes, even for a broader range of life issues, long before Indonesia was found, 2) Nagari Customary Justice system is a translation of Limbago Adat which is the life philosophy of Minangkabau people, 3) Nagari Customary Judicial institutional structure is a representation of the existence of the tribe in the Nagari, so that its cultural legitimacy becomes strong. And, 4) the Nagari Customary Justice system is an effort to build the sovereignty of civil society, namely an autonomous, independent, egalitarian, and democratic society. It is hoped that the results of this study will be a guideline in establishing the Nagari Customary Justice institution in West Sumatra.

Keywords: Customary Justice, Sovereignty, Civil Society, Nagari.

I. Introduction The existence of state authority in processing In Indonesia, there are 19 customary law land does not mean the loss of people’s rights. State power over land is merely public (Harsono, 1999, areas, such as Gampong in Aceh, Desa in Java, Nagari in West Sumatra, as the elements and richness of p. 230) therefore, the state does not own any land. Indonesian national culture (Akmal, 2008, pp. 1–2). This means that law is seen as a resource used Van Vollenhoven noted that indigenous people to legitimize its action. The law has contributed have their own laws that are important enough to be considered and quite potential to be developed, to the emergence of conflict and influenced any namely customary law (Sulaiman, 2017, pp. 98– state develops laws regarding the use of natural land conflict resolution. On the one hand, the 110; Wignjosoebroto, 2002, p. 139). resources. On the other hand, the community also has laws relating to this issue. This is what triggers direction, in article 6 paragraph (1) of Law No. 39 of 1999The states state “thatis obliged in the to framework protect and of upholdingfulfill that law and local community law (Afrizal, 2003, p. 32). conflict, because of the clash between state agrarian human rights, differences and needs in indigenous When the law between the two groups is and tribal people must be considered and protected by the law of society, and the government”, then in theory, society is always in the process of change different, it will trigger a conflict. In view of conflict paragraph (2) states; “That the cultural identity of which is characterized by continuous opposition the customary law community, including the rights between its elements. Whereas, the order in society to communal land is protected, in line with the time”. is due to the pressure of power from the ruling class. Uneven distribution of power and authority is a

* Corresponding Author © 2019 Welhendri Azwar, Muliono, Yuli Permatasari, Phone : +62 812 6725 247 Huriyatul Akmal, Syamsul Ibrar, Melisa Email : [email protected] This work is licensed under the Creative 53 Commons Attribution-NonCommercial- ShareAlike 4.0 International License. factor that determines the occurrence of systematic recognized by the state, none of the legal products regulates the way of implementing protection that ulayat rights are often threatened. socialThe conflict dispute (Ritzer over & ulayat Goodman, land, 2005, for pp.example, 153– Some studies show that the existence of the occurs164; Ritzer because & Smart, there 2012, is pp.no 283–286).juridical legitimacy collective rights of the Minangkabau indigenous peoples in West Sumatra still exists, as evidenced that occurred in the Caniago tribe with the National by the ulayat of the people, tribes and Nagari with Landtowards Agency customary (BPN) landin Pariaman, ownership. indicating The conflict the presence of the state actually triggered the birth of Azwar et al., 2018; Fauzan, 2004; Tegnan, 2015). Thevarious study conflicts explained and the dynamics existence (Aermadepa, of customary 2016; law indigenous people in the process of matrilineal inheritanceconflict (Fitlayeni, of Minangkabau 2015). Disputes (Aermadepa, occur between 2016; that emerged to maintain that existence. For example,communities the disputein West over Sumatra communal and various land. However, conflicts that occur between indigenous peoples and the it has not yet found a model for resolving customary governmentPrasetya, Firdaus, are due & toHasanah, the presence 2018), of even development disputes disputes through Customary Justice institutions based on the Minangkabau customary value system, Ismono, 2015). Likewise, customary land disputes as described in this study. Unlike other Southeast thatproject occurred investments in Aceh (Mutolib, society Yonariza,after the Mahdi,tsunami, & Asian countries such as the Philippines (Corpuz, 2012), Malaysia (Doolittle, 2012), Bangladesh (Roy, 2012) and Thailand (Trakansuphakon, 2012) whichSettlement led to conflicts of customary between land indigenous disputes groups can which still use customary law in land or land use be(Amalia, carried Mukhlis, out with & Yusrizal,the involvement 2018). of indigenous decisions. In southern Sudan, as many as 50 tribes peoples’ institutions. Empower and use the power still use the customary justice system (Penal Reform of civil society in building community independence International, 2000, pp. 23–24) and in Guatemala, in reducing government interference (Suroto, 2015, the people put the concept of the dimensions pp. 665–666). For the context of West Sumatra, the of nature, humans, and universes integrated as existence of Law No. 6 of 2014 concerning Villages Chapter XIII on Special Provisions for Adat Village, discourse (UN-Habitat, 2015, p. 10). In Africa, about which is derived in the form of Local Law Number 80%a unified of land concept issues are of in customary the discourse law of incustomary judicial 7 of 2018 about Nagari, is a legitimacy given to the community to manage the community life the High Commissioner, 2016, p. 41). Whereas in system using local wisdom, including in managing Westernlaw (United liberal Nations democracies for Human (Faundez, Rights 2003), Office the of customary justice system is not dominant because it communal land. However, the problem will not is more used as an integrated component in a state stopand resolvingwith the variousexistence conflicts of Local and disputesLaw Number over justice mechanism. 7 of 2018. Technical guidance is needed on the This study uses a sociological perspective, operationalization of the roles, functions, and authorities of the Customary Justice Institution, Nagari Customary Justice system in an effort to in accordance with the social structure of each protectwhich aimsthe existence to find the of conceptualthe rights of model indigenous of the Nagari. The reason is that Nagari is an autonomous peoples, to build the strength of civil society in customary law area and has sovereignty that West Sumatra. Therefore, this research is expected contains value as social capital and shows its to be a reference in re-actualizing, restructuring, existence as an indigenous community, which has and re-functioning of the Customary Justice system in every Nagari in West Sumatra. This research is Permatasari, 2018). Nagari has its own peculiarities andpeople’s sovereignty, sovereignty with (Azwar, a different Yunus, socio-cultural Muliono, & the government, investors, and customary law system, which is called adat salingka Nagari custom. useful for managing and resolving conflicts between Sociologically for customary law communities, and obligations of customary law communities and the land is a social asset that functions as a lawcommunities. enforcement At the parties, same time, including it clarifies government the rights communal identity (tribe or clan) and as a means bureaucracies and groups of investors or other legal of binding social unity. Meanwhile, the collective entities. This research describes 1) the concept of rights of indigenous peoples over land, according Minangkabau Nagari Customary Justice, 2) Nagari to Suriyaman Mustari Pide, in the literature of customary justice system, and 3) the Traditional customary law, are called communal rights and Court of Nagari as a strengthening of civil society. are more popular with ulayat rights nomenclature (Akmal, 2008, p. 5). And, even though it is still

Jurnal Bina Praja 11 (1) (2019): 53-62 54 II. Method This study uses research and development provide further information needed. The process methods, which is the research process carried out offor deepening determining information other figures through or informants informants who on can a to examine the Nagari Customary Justice system chain basis continues to be carried out to the stage as one of the safeguards against the existence of of saturation. That is, if the information obtained indigenous peoples in West Sumatra. This research is no longer something new and tends to recur, is a form of implementation of Law Number 6 then the interview process is considered complete of 2014 concerning Villages, which allows each (Azwar, 2018, p. 84; Azwar et al., 2018, p. 233). region to develop Customary Village government Observations were made on the social dynamics in accordance with the local values that it has. of the developing Nagari community. For example, Therefore, this research gave birth to a conceptual towards several traditional disputes (ulayat land) framework through academic studies of the that occurred. Observations were made to improve system, structure, function, and authority of the information on some data obtained through surveys Nagari Customary Court in West Sumatra, as the and interviews, in order to obtain a complete implementation of Local Law Number 7 of 2018 understanding of the institutional phenomenon of concerning Nagari in West Sumatra. Nagari. Then, Focus Group Discussions (FGD) were conducted with the District Government, Nagari the steps of this study are shown in Figure 1. Government, Kerapatan Adat Nagari (KAN), and Using the opinions of Gall, Gall, & Borg (1989), traditional leaders, religious leaders, scholars, and budo kanduang in each research area. The FGD Nagari Customary Nagari Introduction Study Research Execution Justice Concept Draft Customary Justice structure, and the process of representationwas conducted of to each find tribe the structure in Nagari of as the a judge of the Nagari Customary Court. Data analysis in this study was carried out Nagari Customary Nagari Customary Nagari Customary Justice Design/ Justice Concept Justice Concept Concept Revision Draft Validation through observation and interviews are completed, Figure 1. Research Flows comparedthrough several and tested stages; with first, some the other data informants’ obtained information, through books, documents and related

Data collection is conducted by surveys, birth to categories. Second, the categories are observation, interviews, and Focus Group Discussion research results, which are then classified to give (FGD) methods. The surveys were conducted on out the similarities and their combinations. Third, then searched for the main characteristics to find all communities in each Nagari which became the the category is related to one another, so that a research area using simple sampling techniques. proposition is established. Fourth, propositions about various custom disputes that occur in each understanding of the institutions of the Customary are linked to one another so as to build a final NagariThis method. The data is used obtained to find through out people’s this survey opinions then Court of Nagari. disputes that occurred. III. Results and Discussion being mapped and classified towards customary about the existence of Nagari, interviews were A. The concept of the Nagari Customary To find out some important information with indigenous community leaders. Interviews Justice of Minangkabau Nagari is the lowest government unit in West comprehensive understanding of the development Sumatra and is a group of Minangkabau people were conducted in depth to find a complete and and dynamics of Nagari as a customary limbago who live based on customs with their rights, such (institution). The selection of key informants in each as ulayat rights and historical rights of origin whose Nagari is based on the consideration of the reliability nomenclature is older than the nomenclature of of the informant as the main source of information, Sumatra. The specialty of Nagari is not only from namely the depth of his knowledge regarding the aspect of history but also from the cultural the various information needed and his ability to riches whose peak may be called the supra tribal provide guidance on other informants needed for Nagari as the core of research. The next informant is determined using Minangkabau (Azwar et al., 2018). the snowball technique. Information obtained from culture.The Thisstrength fact confirmsof customary law communities, key information is used as the basis and guideline including those in the Minangkabau community, lies

Nagari Customary Justice System in West Sumatra Welhendri Azwar, Muliono, Yuli Permatasari, Huriyatul Akmal, Syamsul Ibrar, Melisa 55 in the existence of social institutions that are still in Indonesia; 2) Customary Justice based on alive in indigenous peoples. It is a social institution customary law; 3) Customary Justice is not part of with a function to determine the form of relations and the state justice system; 4) Customary Justice has the limits of authority in every social relationship in the authority to try customary cases, whether in the the customary law community, including guarding form of disputes or violations of customary law; and sako jo pusako. The wealth of sako is immaterial, 5) Customary Justice has the authority to try cases such as the lineage of the mother (sako induak), title between residents of customary law community (greatness), customary law, manners, mannerism units. law, and so on. Meanwhile, Pusako is material wealth, Law No. 6 of 2014 concerning Villages, Chapter aie XIII concerning Special Provisions of Customary stems, and so on. So it is understandable that there Village, explicitly gives space to indigenous aresuch many as forests, disputes fields, of customary houses, artificial land that banda, occurred peoples who have the rights of origin to implement in West Sumatra because people want to maintain customary values in the system of Indigenous their cultural identity. Village governance. This Law Number 6 of 2014 Sociologically, the term Customary Justice is not a term commonly used in everyday life, concerning Nagari even the term is almost never used in community Customaryis confirmed Justice. by Local Law Number 7 of 2018 relations. But researchers generally believe that the The philosophical, which structure specifically of Minangkabau talks about customary law community unit in Indonesia has a customary law, which is a reference and guide in system of problem-solving that can be understood resolving cases and disputes within the community, as a justice system. The terms used are very diverse, is a description of the value system found in the such as congregations, meetings, etc. (Aliansi Limbago Adat of Minangkabau (Azwar et al., 2018, p. 237), as shown in Figure 2. Governance Reform in Indonesia, 2003, p. 8; Utama Undang nan-4 as a part of the Limbago Adat is a Masyarakat Adat Nusantara & Partnership for philosophical basis in the implementation of solving the Minangkabau customary law community unit in various problems of life by using local institutions West& Aristya, Sumatra. 2015, p. 62). Such conditions also apply in that have long lived in the Minangkabau community. The concept of Customary Justice is explicitly Hence, the actual dispute over ulayat land will be stated in Law Number 21 of 2001 concerning more effective in the scope of Customary Justice than the existing formal legal system. Therefore, recognition and respect of the state for the existence whether or not there is state recognition or national ofSpecial Customary Autonomy Justice for inPapua. Papua. This Customary law confirms Justice, the law, actually the existence of Customary Justice according to Law Number 21 of 2001 Article 51 has been going on for a long time, maintained Paragraph (1) is a peace court in the customary law for generations by local communities and/or community, which has the authority to examine and indigenous peoples. Even the law and society have adjudicate customary civil disputes and criminal been united, entrenched, and not easily separated cases among the residents of the customary law since before the Republic of Indonesia was founded community concerned. Furthermore, in paragraph (Pusat Penelitian dan Pengembangan Sistem Hukum (2) and paragraph (3), it is determined that Nasional Badan Pembinaan Hukum Nasional customary courts are prepared according to the Kementerian Hukum dan Hak Asasi Manusia RI, customary law of the customary law community 2013, p. 7; Ubbe, 2013, p. 164). So, in fact, various concerned; it has the authority to examine and try local cultural values and the diversity of habits of custom civil disputes and criminal cases based on behavior in society are actually a wealth of values the customary law of the customary law community that guide the community in efforts to participate in concerned. In addition to Law Number 21 of the process of strengthening civil society. 2001, the term Customary Justice is also found in the explanation of article 9 paragraph (1) of Law B. Nagari Customary Justice System Number 18 of 2004 concerning Plantation, which Customary Justice becomes important explains that the existence of Customary Courts as customary disputes resolver. In the general is one indicator that shows that a community unit justice system, it cannot resolve customary customary law still exists in real life. disputes, because the law on origin rights is not Referring to Article 51 of Law Number 21 accommodated by the system of state legislation, of 2001 above, Sudantra (2016, p. 40) describes such as civil law. For example, the law concerning the concept of the Customary Justice, namely 1) the system of inheritance of assets in a matrilineal Customary Justice is a judicial system that lives manner. So in the case of a dispute regarding Ulayat within the units of customary law communities

Jurnal Bina Praja 11 (1) (2019): 53-62 56 Limbago Adat

Undang nan-4

Undang Luhak- Undang Undang Dalam Undang nan-20 Rantau Pembentukan Nagari Nagari

8 Crimes 6 Crimes Evidence 6 Suspects’ Reasons

• Tikam-bunuah • Bajajak bak bakiak • Taikek-takabek • Upeh-racun • Bauriah bak sipasin • Batando-babukti • Samun-saka • Babaun bak ambacang • Talala-takaja • Sia-baka • Tangiang bak kukuak ayam • Batunggua-bapanabangan • Maliang-curi • Cancang ranggah bangkak kaniang • Basaksi-bakatarangan • Dago-dagi • Tadorong jajak manurun, tatukiak jajak mandaki • Batampuak dapek dijinjiang • Umbuak-umbai • Sumbang-salah

Figure 2. Philosophical-Sociological Structure of Minangkabau Customary Law

Land, a public justice judge will delegate the dispute of law that must be explored, considered, and resolution to the customary law system. Herein respected, especially in law enforcement practices. lies the importance of the existence of Customary In practice, even customary law does have a place Justice, for resolving customary disputes that are not in the administration of justice. At least this is accommodated by the system and laws of general justice. That is, the state provides the broadest Supreme Court and the judiciary below. Therefore, authority to indigenous peoples to resolve disputes itreflected is necessary in various to examine jurisprudence various producedlegal-normative by the relating to customary laws. For example, the dispute perspectives regarding the existence of customary of indigenous peoples in West Sumatra in terms of justice and empirically review the implementation the struggle for the right to use ulayat land, it will be of these rules in the Indonesian constitutional resolved by the Minangkabau customary law system, not by the state’s laws and justice system. In this It is on this basis that Local Law Number context then used the meaning of tali tigo sapilin, in 7system of 2018 (Utama concerning & Aristya, Nagari 2015, p. 58). which the Minangkabau people in their life rules are regulates the Nagari Customary Justice system, bound by three laws, namely customary law, state becomes important, it needs to, be specifically adjusted whichto the law, and religious law (syara’). customary system and the original rights of each On the other hand, quoting Sutjipto Rahardjo’s Nagari in West Sumatra. Nagari Customary Justice opinion, indeed the government or state that has is a community dispute resolution institution in the privilege to regulate and interfere with public Nagari based on adat salingka Nagari mediation. affairs. In the socio-anthropological context, these Local Law Number 7 of 2018 concerning Nagari rights should be subordinated to the spirit of feeling stipulates that in the Nagari Customary Justice (empathy), caring (concern), and maintaining system, there are several provisions, as follows: (care), of how the local community accepts their 1. KAN established the Nagari Customary Court customary law and their local law. Governing a very as the highest community dispute resolution pluralistic country and nation cannot only be with institution in Nagari according to adat salingka Nagari. Sutanti, 2018, p. 202). 2. Before the dispute was resolved by the Nagari the brainIn the but perspective more with theof law,conscience various (Rochaeti rules that & are constitutional and statutory emphasize that the family, paruik, the clans and tribesmen level,Customary in a ba Court, janjang it must naiak be ba resolved tanggo first turun at the value of justice and norms that live and grow manner. incustomary the community law, as (the an unwritten living law), law is reflectedone source in

Nagari Customary Justice System in West Sumatra Welhendri Azwar, Muliono, Yuli Permatasari, Huriyatul Akmal, Syamsul Ibrar, Melisa 57 3. The duty of Customary Courts: That is, each tribe is represented by one person a. Settle the dispute of sako and pusako in a ba as a member/judge of the Nagari Customary janjang naiak ba tanggo turun manner. Justice. b. Settle the customary civil cases through 3. The process of selecting/stipulating members deliberation and consensus based on an of the Judiciary of the Customary Court is agreement in the KAN assembly session through the following stages: which is “kato putuih” to be guided by the a. Each tribe proposes three prospective judicial institution. members of the Nagari Customary Justice to c. Give customary sanctions to community KAN who are chosen by consensus. members who violate customary law in b. KAN chooses 1 (one) person from 3 (three) accordance with the adat salingka Nagari. candidates submitted from each tribe to 4. Nagari Customary Justice is led by a chairperson be determined to become members of the and assisted by a manti and several member Customary Justice, by consensus. judges. c. Manti was chosen and determined by KAN 5. in a consensus meeting based on proposals judge, and manti for Customary Justice of from KAN members in the density assembly NagariThe term is of6 (six)office years of the for chairperson, 1 (one) period member and by considering professionalism, skills can be re-elected. (capability), and propriety. And, not a Referring to Local Law Number 7 of 2018, after member of KAN. conducting in-depth discussions through the FGD Therefore, in the context of resolving various with the District Government, Nagari Government, disputes in the community, especially relating to the KAN Management board, and community leaders of dispute over the use of ulayat land, it is the duty and each Nagari, the structure of the Nagari Customary authority of the Nagari Customary Court, because Justice in West Sumatra is described in Figure 3. it is related to the problem of pusako. When this Through the FGD together with the District dispute is brought to the General Court, the court Government, Nagari Government, KAN, along with ruling will still refer to the customary system that indigenous community leaders, it was agreed, applies in the Nagari where the dispute occurred. as well as referring to the Local Law of West Even in some cases, disputes can widen to wider Sumatra Province Number 7 of 2018 article 15, the formulation of membership of the Nagari Customary Justice was produced. The formulation of the and anarchic conflicts, because the general court structure and membership of the Nagari Customary system faces difficulties in deciding cases related Justice is a model for the formation of Nagari to customaryNagari empirically law systems has and the normspower (Warmanthat allows & Customary Justice in each Nagari in West Sumatra regulatingSyofiarti, 2012, the people p. 413). who are in the arena of their while still taking into account the peculiarities of power. The people in adat salingka Nagari are each Nagari, as follows: placed as supremacy in the legal power structure. 1. Members/judges of the Nagari Customary Customary institutional structures are created in Justice are not members of KAN. an effort to balance the management of power in 2. Customary Justice is selected and determined addressing issues that arise in the community (see by KAN in consensus meetings, whose members structure in Figure 3). This idea of having harmony represent tribal representation in each Nagari. with the perspectives spoken by Machiavelli and

KAN

Customary Justice

Chairperson

Manti

Member Judge Member Judge Member Judge Member Judge

Figure 3. Philosophical-Sociological Structure of Minangkabau Customary Law

Jurnal Bina Praja 11 (1) (2019): 53-62 58 Parson (see Maliki, 2016; Puspitasari, 2001, p. 34) by C. Nagari Customary Justice as Civil exposing that sociological power contains elements Society Reinforcement of supervision and encompasses all rational Sociologically, law reality is formed on the legitimacy, free from the idea of God (perspective basis of values that exist in society. Therefore, of deity). The difference is that the Minangkabau the conception of Customary Justice is a kind of community emphasizes the concept of communal necessity that cannot be ignored. The state has an power not personal (king) as Machiavelli thought. important role in caring for the richness of cultural The justice system is created as a channel where the values, including the Customary Justice system, order node is formed. which practically can be said to have existed before Irregularities usually occur above dominant the existence of state law. For the Minangkabau power, both in individual relations, as well as people, the conception of Customary Justice has groups (local communities) and the state. State become an important part of managing society power is often regarded as a “superpower” which long before Indonesia became a country. Even the Trias Politika concept of power (Azwar et al., 2018) relations. Foucault described anti-thesis on the proposed by Montesquieu seems to have been part meaningdefiles other of power powers as aas macro a reality concept that exists as narrated in public by of the Minangkabau community before the theory many thinkers. For Foucault (Afandi, 2012, p. 133; was initiated. Foucault, 1980), power is one dimension of relations. Customary law is said to originate from life Power is everywhere. Where relations exist, there is norms that arise as cultural products, formed power. That meaning reveals a dominative veil that from generation to generation based on the value is far more critical. Philosophical power deals with of consciousness and manifested in living habits kindness, virtue, justice, and freedom. Heeding the using their measure of reason and sense of justice power of authority at the local level can be seen as (Sugiswati, 2012, p. 32). The fact that the Customary the way of the good relations of the state-citizens to Court basically strengthens civil society as a natural achieve what is called civil society. An aspiration for product of the community itself. Civil society places a state and nation life. an independent society that can regulate itself with At least the reality of the conception of all its laws. For example, the dispute over customary Customary Justice contains the meaning of how land boundaries between people in Nagari Lawang the customary court should be in relation to the due to the seizure of natural tourism assets, which national justice system. The content can be seen was resolved by adat by the KAN customary court. This dispute is resolved independently by the First, integrating customary courts institutionally community using customary norms of promise intofrom becoming two aspects part (Utama of the &national Aristya, justice 2015, system. p. 58). and compliance with the law, without having to go This idea provides strong strength for decisions through the general justice process. Theoretically, made by customary courts. Second, substantial the concept of civil society leads to a civilized strengthening of customary courts without the need society. As according to Nurcholish Madjid (Fazillah, for institutional integration. The goal to be achieved 2017), there are three formulations regarding civil is the deconcentration of caseloads that accumulate society, namely democracy, civil society, and civility. in state courts, so what is needed is the availability Civil society has characteristics of egalitarianism, of a variety of options for resolving disputes in the openness, law enforcement, and justice, tolerance community. and pluralism, and deliberation. A place for The distribution of power, especially to democracy is civil society and various types of indigenous peoples, will make the customary system unions connected to be a shield between the state and its citizens. Civility refers to the ethical qualities relations in the context of indigenous peoples. For of the community in the form of tolerance, openness, Minangkabaufirm and reduce people, legal the chaos Nagari between Customary state-citizen Justice and freedom that are responsible. And, civil society system acts as a social convention of society as the is very much determined by the quality of civility main legitimacy of the power system. This social possessed by its citizens. legitimacy can be seen in the terms of pitaruah Historically, the term civil society can be indak baunian, pakirin indak baturuikan. This term traced since ancient Greek time. Ernest Gellner (Jb refers to “social trust” in building and strengthening community institutions independently. In the the term civil society was popularized by Adam sense of Nagari sovereignty as an autonomous Ferguson& Darmawan, (1723-1816) 2016, pp. and 36–38) developed mentioned by modern that government. thinkers such as John Locke, Rousseau, Hegel, Marx, and Tocqueville. Jean L. Cohen and Andreo Arato

Nagari Customary Justice System in West Sumatra Welhendri Azwar, Muliono, Yuli Permatasari, Huriyatul Akmal, Syamsul Ibrar, Melisa 59 also trace the roots of emerging civil society. They are the characteristics and have a strong loyalty to revealed that the beginning of the concept came the ethnicity they have. from Aristotle when he revealed the term politike koinonia, a political society, which refers to the polis. IV. Conclusion The term “politike koinonia” refers to the political State institutions exist to guarantee the and ethical society in which citizens are domiciled freedom of every citizen. The will of the state and in the eyes of the law. The law itself is considered an ethos. An agreed set of norms and values is not only be characterized by the presence of the natural related to political procedures, but also as the basic statecitizens of the are individual created not who to lives conflict. in it in This such fact a way. can substance of policies in various forms of interaction Thus, every community group in the country does between citizens. Jean L Cohen and Andreo Arato see not lose anything from its individuality and natural the concept of politike koinonia with two different cultural values. Various forms of power in sovereign entities, namely the community of society, in the societies do not originate from one thing but from sense of organized collective unity as a forum for the various diverse factors contained in the nodes of state with the sole purpose of being a derivation of local wisdom. In other words, the relations of the Oikos. On the other hand, “society” includes forms state and society must contain equality which is of pluralistic interactions in the form of informal marked by the distribution of the power of diversity groups. Civil society in further meaning, as revealed in the public domain. Here, the social arena in the life system of the state contains nuances of freedom, Wajdi Ibrahim, 2012, p. 134) refers to a civilized union, voluntary, and diversity of government in the by Cicero (Jb & Darmawan, 2016; Parmudi, 2015; political community and has a legal code as a basis form of sovereignty of indigenous peoples. for living arrangements. The existence of a law that The Minangkabau community has local wisdom regulates relationships between individuals marks in resolving various customary disputes, even for the existence of a community which is understood a wider range of life issues long before Indonesia as the independence of citizen activities in dealing as a country was founded. The Nagari Customary with the state (Mawardi, 2015). Justice System itself is a translation of the Limbago The presence of indigenous people is a Adat for the realization of the life philosophy of reality that cannot be denied by the government. the Minangkabau community. Furthermore, the Although formal recognition of indigenous peoples institutional structure of the Nagari Customary in the constitutional structure is indeed contained Court is a representation of the existence of the in the Law (Article 18), but within the scope of tribe in the Nagari, so that the cultural legitimacy international relations, the government seems to possessed becomes a strong existence. Applying the Nagari Customary Justice system as law supremacy of indigenous peoples with all their rights and that is legal and recognized, especially in the state, in still be halfhearted in recognizing the existence obligations, amid recognition by other countries principle is a way to accommodate a more advanced such as the Philippines and Malaysia (Sugiswati, society, emitting power from within in the form 2012, p. 36). The distribution of power and authority of rationality that will be able to guide the public becomes important, where the development of civil towards the general good. In a sense, the Nagari society is fully formed. The distribution of authority Customary Justice system is an effort to build up the in the form of acknowledgment and delegation of sovereignty of civil society, which is an autonomous, authority above a proposition of restrictions on independent, egalitarian, and democratic society. power, which is part of the government and which is part of the rights of indigenous peoples. This distribution is a form of the community’s Acknowledgment independence process in the judiciary as a Thank you to the research team and colleagues framework for resolving problems related to the for their support in compiling this article. Thanks enforcement of justice in the arena of the Nagari to the Provincial Government of West Sumatra, the community. That is, the distribution of authority is Regency Government, the Government of the Nagari to strengthen and provide juridical recognition of where the research was conducted, to Niniek Mamak, the Customary Court. An independent society as a Alim Ulama, Cadiak Pandai, and community leaders cultural feature of the Minangkabau community can who have supported and facilitated the research be realized because it supports the strengthening activities, and to all informants who provided the of identity in the form of equal recognition and necessary information. I am also grateful for the treatment on the basis of political, economics, and constructive comments from the reviewers. I am socio-cultural rights at the local level. Furthermore, responsible for all the errors in this paper. it is to safeguard and preserve cultural values that

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