REFLECTION OF THE CONCEPT OF SANCTIONS AND LAW ON THE TAMAMBALOH DAYAK CUSTOM Efriani

The phenomenon of sanctions encourages the custom to be labeled “Customary Law” is an interesting phenomenon to be reflected on. In this regard, it reflects on the tradition of the Tamambaloh Dayak ethnicity as social control, and provides a view on the tradition which has the sanctions. This article used an ethnographic qualitative study approach with in-depth observations and interviews. This study described the concept of sanctions on the customs and customary law of the Tamambaloh Dayak in West Kalimantan Province. The results of this study indicated that both customs and customary law in the Tamambaloh Dayak both had sanctions. Sanctions have a function as a symbol of balancing or re-harmonizing the condition of the universe that is experiencing chaos due to human actions. Therefore, sanctions are not interpreted as punishment but as a cultural process.


INTRODUCTION
Several references mention that customary law is a term used by the Dutch to refer to the customs found in the tribes in Indonesia (Syahbandir, 2010;Sulaiman, 2017;Bedner and Arizona, 2019). This was also undertaken by the colony in several regions of the world, such as in Southern Africa, the colonies had presented legal pluralism in the society. Diala, (Diala, 2017) argues that before the arrival of European colonizers, the indigenous people of southern Africa had a normative system that had been carried out and passed down for several centuries. The same thing is also found in Albania, as mentioned by Joireman, (2014) that the existence of customary law becomes Kanun Jurnal Ilmu Hukum

Reflection of the Concept of Sanctions and Law on the Tamambaloh Dayak Custom
Vol. 23, Issue 2, (August, 2021), pp. 309-324. Efriani, Edi Agustinus 310 legal pluralism as a post-colonial product. Other cases are also found in Norway, Canada, Australia and Zealand, customary law has become a pluralistic phenomenon and the reactualization of customary law has offered legitimacy to claims to cultural autonomy and strengthened politics (Svensson, 2003). In the Aboriginal population in Australia, customary law is also a phenomenon of legal pluralism which is expressed as an artifact of the colonial regime and the administrative regime of indigenous peoples. (Weiner, 2006).
Law scholars, especially Dutch scholars, have an interest in identifying the customs and habits of the ethnic groups of the Archipelago. They have distinguished customs that contain sanctions from customs that do not have sanctions. They give various names to customs that contain sanctions (Sulaiman, 2017;Sulastriyono and Pradhani, 2018;Sumanto, 2018). Salmon Keyzer and Van den Berg call it Godsdientige Wetten, Snouck Hurgronje calls it adatrecth or some call it adat law (von Benda-Beckmann, 2019). The Dutch have provided a complex description of the rights and obligations that bind history, land, and law (Kusumaryati, 2019), so that customary law is not something foreign to the Indonesian people (Bahar, 2008), such as the application of customary law in civil cases in West Sumatra (Benda-Beckmann, 1982;Jayus, 2019), and, awig-awig in Balinese society (Budawati, 2016;Sihotang, 2019).
In the archipelago, customary law began with the interest of legal scholars, especially Dutch scholars, in identifying the customs and habits of the archipelago's ethnic groups. They have distinguished customs that contain sanctions from customs that do not have sanctions. They give various names to customs that contain sanctions (Sulaiman, 2017;Sulastriyono and Pradhani, 2018;Sumanto, 2018). Salmon Keyzer and Van den Berg call it as Godsdientige Wetten, Snouck Hurgronje calls it as adatrecth or some call it as customary law (von Benda-Beckmann, 2019). The aspect of sanctions on "custom" makes the custom categorized in the legal aspect. Snouck Hurgronje through the concept of adat-recht, divides tradition into 2 categories, namely tradition with legal consequences and custom which has no legal meaning. (Koentjaraningrat, 1958).

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Similarly, Van Vollenhoven also distinguishes rules of behavior that have sanctions (hence "law") and behavior that does not contain sanctions (hence "custom") (Sudiyat, 1991:5). There are several things that need to be reflected in the process of "labeling custom into law". In the term of customary law that was expressed by Van Vollenhoven, there is one information about the legal aspect of adat, namely "sanctions". Van Vollenhoven uses the word sanction as a differentiating criterion between custom and customary law. It is necessary to understand that the phenomenon of sanctions in custom is not a single phenomenon so that it is not sufficient if it is formulated in one particular category. Custom contains complex values, the designation of which is not merely aimed at punishing or judging. For example, the implementation of customary sanctions to the Acehnese society which is undertaken on the principle of peace as a settlement of criminal cases with forgiveness, so it does not emerge a sense of revenge between the warring parties and can rebuild balance in society as a whole. (Safrijal, 2013). Another phenomenon is found in the Kutei custom which is accordance with discussion on the Rejang ethnicity, which is a manifestation of the belief system in supernatural powers as protectors that must be respected (Herlambang, 2012).
Referring to the idea of Durkheim on the solidarity, it links the type of solidarity in a particular society with the domination of a legal system. He finds out that societies that have legal mechanical solidarity are often repressive: perpetrators of a crime or deviant behavior will be punished, and it will avenge the collective consciousness violated by the crime; the punishment acts more to maintain the integrity of consciousness. On the other hand, in societies that have organic solidarity, law is restitutive: it aims not to punish but to improve the normal activities of a complex society (Koentjaraningrat, 1987

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customs and norms, which make a society seem to have an automatic obedience. Society members who violate will automatically get a strong reaction from the society, because of the small nature of the society (Koentjaraningrat, 1987:177-178).
A similar phenomenon occurs in the life of the Tamambaloh Dayak ethnicity, in Kapuas Hulu Regency, West Kalimantan. In the collective life of the Tamambaloh Dayak, the custom which legal scholars as well as the colonists consider to have sanctions, has now also been given the name "law". The word law in "custom" is due to the "sanction" aspect of the custom, but doesn't every custom have a "sanction"?. Especially in the Tamambaloh Dayak ethnicity, in principle every custom is a guideline that regulates human life, there are consequences for every violation. In essence, every action is contained in customs, which are rooted in special concepts as a manifestation of the Tamambaloh Dayak view of the universe (world view) (Efriani, Gunawan and Judistira, 2019). Therefore, labeling the law for some of the Tamambaloh Dayak customs must go through a complete definition, by studying and revealing all the practices of life that they have.
Distinguishing customs which are merely social habits from customs which are considered as law is a phenomenon that simplifies the meaning of sanctions from these customs. Tamambaloh  interviewing key informants to explore the function of custom and the process of problem solving using adat which is generally carried out by the Tamambaloh Dayak. We also explored the concepts underlying the customs and values that guided this ethnic life. The results of this interview, then we triangulated with written documents about the customs and customary law of the Tamambaloh Dayak. To support the accuracy of the information, we presented narrative texts from informants, as well as text excerpts from documents on the customs and customary law of the Tamambaloh Dayak.
The results of the interviews were then analyzed using anthropological concepts that described tradition as social control in the Tamambaloh Dayak Ethnicity.

1) Tamambaloh Dayak in the Concept of Universal Balance
The Tamambaloh Dayak are a sub-ethnic of the Dayak of West Kalimantan. As a representation of the Dayak ethnicity in general, this ethnicity is also an ethnic group whose livelihoods are shifting fields and depend all their lives on the natural environment (Efriani, et al  In various rituals of Tamambaloh Dayak, it is reflected in the existence of a power that is above human power and strength. That power is a supernatural power, believed to be the creator known as 'Sampulo Padari', alatala or the one who makes it. In the context of "making" it can be interpreted that the creation of the universe and its contents started from nothing or made everything from non-existence. This understanding of creation was born from the experience of the Tamambaloh Dayak people about everything around them whose existence cannot be explained by human ratios. The mysteries of the universe give rise to the belief in a transcendent existence. For them the secrets of the universe are not only from the process of existence itself, but the forces contained in it. The secrets of power in the universe encourage the birth of belief in the spirits and ghosts that inhabit the universe.

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Meanwhile, humans are part of the universe that is inseparable from nature. Humans participate in forming the order of the universe, even humans are the main subject in the universe.
Humans are performers of rituals, humans who experience, humans who arrange the unity. Humans can destroy order in the universe, and humans can restore order. In religious practice, humans are the main actors. Therefore, the understanding of humans is an understanding that is strung together in the understanding of nature and the supernatural. The cosmology of the Tamambaloh Dayak society which shows the interconnectedness of the elements of humans, nature, and supernatural life is built to form a universe (Efriani, et al. 2019). The Tamambaloh Dayak ethnicity argues that the universe as a harmonious order between humans and each other, humans and their surroundings, and humans and the supernatural. Humans are responsible for the order of the universe. However, human actions often break the order, it leads to the disharmony. Thus, custom appears as a balancer and control of the harmony of the universe.

2) Reflection on the Concept of Sanctions and Law on the Tamambaloh Dayak Custom
Tamambaloh Regarding violations and prohibited acts, such actions will be subject to custom. The custom of the

The husband is sanctioned by paying 4 kaletau amas to his wife and the husband along with his mistress pay 1 kaletau amas as a kesopan/pamalu Toa Custom and 1 chicken to be given to their sons and wife if the family already has children. If a woman (not a wife) is the cause of adultery with a married man, then the woman is subject to customary sanctions in the form of: paying the man's wife 4 kaletau amas and both paying 1 kaletau amas kasopan/pamalu Toa Custom and 1 chicken for a boy if the man already has children. (Interview. Akim. Tamambaloh, 19 September 2018).
Dealing with this fact, the researcher concluded that there was no gap between what is meant by customs and what is meant by customary law. It appeared that law was control media which in the above case called as kaletau amas and chicken.

b. Custom of Pambarang Banua
In the daily life, the Tamambaloh Dayak society prioritize togetherness and kinship in a safe, peaceful and peaceful atmosphere, however, there are often disgraceful actions from community members who cause chaos/commotion (maraang sijai/mangsak) at traditional parties and other events. The act of making trouble/commotion is carried out by someone in the form of a fight, challenging someone/some people to come down from the house to the ground/outside the house to

c. Custom of Kudi/Marabor Banua
Kudi' is a human action (human) Tamambaloh which has a complex effect. Kudi' on the Tamambaloh Dayak causes disruption of the balance of the universe, the natural environment, the social and supernatural environment. Disruption of the balance or harmony of the cosmos can be seen in two patterns. First, that kudi' leads to the disruption of social life, because kudi is an act that contains disgrace. Second, this act of kudi is an act that emerges the anger of the supernatural which is formed in natural events, such as rain, floods, storms. Kudi' cause social disharmony as well as damage to the balance of the universe, human nature and the supernatural. Thus, the kudi''doers are obliged to carry out the marabor banua custom as an effort to create the harmony of the universe.
The marabaor banua custom or also known as the kudi custom is carried out by stoning the perpetrators (itampun) to death. The two perpetrators were prone to each other with the position of the man above the woman, then stoned with sharp bamboo until they both died. After they both and one body was buried to purify the soil (panyauti tana') (Interview with Tamanggung Tamambaloh). The marabor banua tradition with itampun or stoning is an ancestral tradition (tau jolo custom). This custom is in accordance with the cosmology of the Tamambaloh Dayak ethnicity who believes that the magical and cosmic powers must be in balance. The researcher needs to argue thar nowadays the custom of itampun for kudi' actor is no longer known in the Tamambaloh  The custom that the researcher has described above is a custom that aims to rebalance the state of the universe in the Tamambaloh Dayak. Dayak Tamambaloh society is creative in building cultures in the form of various customs to maintain the harmony of the universe. The custom or culture created by the Tamambaloh Dayak human becomes a symbol of human closeness to nature and the supernatural to achieve a harmonious universe. In this presentation, the reader has been presented with a case regarding to custom, which legal scholars call custom which has sanctions.
Allow me to speculate on this manuscript. Is it possible, legal scholars, to call the marabor banua custom for this incestuous act the "death penalty for the Tamambaloh Dayak customary law"? Therefore, the researcher presents the following case to provide an adequate description of custom as a symbol of universal harmony, which is not intended as a punishment.

d. Custom of Sabung Patan
To reveal the relationship between custom and what has been conveyed by Ter Taar regarding the identification of custom in relation to courts and legal decisions, the following here, the researcher describes the form of custom in decision-making on one pekar in the Dayak Tamambaloh custom. This custom is called as Sabung Patan. Sabung Patan is cockfighting carried out to test and decide on a case that usually occurs in disputes over land, fruit trees and heirlooms, or in social cases where the decision process is not certain whether an action is right or wrong.
Sabung Patana is carried out to test the truth of individual's reasons or arguments for his recognition and ownership of a disputed object. Sabung Patanan is undertaken as a last resort in solving problems in the life of the Tamambaloh Dayak ethnicity. Sabung Patan is carried out when the dispute that occurs cannot be decided by humans, because there is no evidence or witnesses that can be used as a basis for making a decision.
The decision on sabung patan is absolute truth. This happens because of the sacredness of sabung patan. Sabung patan is believed to be a real form of work from ancestral spirits, especially those who are wise and experienced in leading the Banua Tamambaloh and also the spirits of Sampulo Padari and other souls. The truth will be shown by winning the rooster of the righteous.
Before the sabung patan takes place, both parties to the dispute prepare their respective roosters.
Before the rooster is pitted, a mangalongan (calling ancestral spirits) is first held, which is led by one who has been responsible for the pangalongang sabung patan. In ketamanggungan Tamambaloh, the pangalongang of the sabung patan ritual is the descendant of the Janau ma Bird Kiung tray, which is now followed by Baki Gunung from Paat Saujung Giling Manik. Throughout the experience of sabung patan, until now Dayak Tamambaloh believe in the accuracy of the truth of the custom of sabung patan, because the power of truth does not lie in the strength of the rooster that is prepared but the absolute truth shown by the spirits of the ancestors by killing the rooster of the wrong party. For example, A Person and B Person both claim to own the same land, it can lead to quarrels and disputes. To prove who the real owner of the land is, sabung patan is held and who is the real owner, he will win. Victory is believed to be determined and decided by the spirits or ghosts through the rooster as a symbol. In this custom, a process of sacredness and respect for the spirits of the ancestors is presented in determining decisions for human actions. This custom again reflects the cosmology of the Tamambaloh Dayak Ethnicity, which places the supernatural as the highest thing in its cosmology. The supernatural is the observer, the omniscient and it is they who show the ultimate truth. It is clear that the source of the decision is not as intended in the judiciary.
The concept of sanctions on the Tamambaloh Dayak custom, is intended to reveal the consequences that must be borne from an action that is contrary to custom. Sanction has same meaning with the word punishment but it does not mean punishment. Sanctions as a result that are borne do not mean punishment, this is because the purpose of these sanctions is not as punishment,

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of goods, in the form of gold, silver, gongs, tawak, crock, livestock, and money. The amount and value of the fine is calculated in units of pati nyawa, kaletau, kaletau amas, garantung raa and saut.
Pati nyawa consists of 12 kale or amas, and 6 kale or amas. If it is converted to Rupiah, 1 Kaletau is equal to Rp. 75,000; 1 Kaletau amas is equal to 6 grams of 24 karat pure gold and 15 grams of ordinary gold, and the other is in Rupiah adjusted to the gold price prevailing at that time. 1 garantung raa is equal to IDR 45,000; saut in the form of 1 pig or chicken or machete, or chicken blood.

CONCLUSIONS
In the concept of balance and harmony of the cosmos, custom is the socio-cultural controller.
The sanctions which contained in the Tamambaloh Dayak ethnic custom are intended to reveal the consequences that must be borne from an action that was contrary to custom. Literally, the word sanction is equivalent to the word punishment, but sanctions and laws in the concept of adat are not meant as laws or punishments. Sanctions and laws are a consequence of actions that disturb the balance and harmony of the universe, thus custom serves as a symbol of controlling the harmony of the universe. Therefore, the process of universal control or the process of maintaining this harmony is more appropriately called as custom, not punishment or sanction, so that the guilty person is rightly called being punished, not punished. Actually the characteristic of custom in resolving a case is that big issues are minimized, small problems (if possible) are eliminated. Due to basically it is not a court but an educational process. the word law to indicate adat which contains sanctions, is not appropriate if it is used to explain the sanctions contained in custom or the process of social control of the Tamambaloh Dayak Ethnicity. This is due to the Tamambaloh Dayak ethnicity argues that the sociocultural cosmos as a balance. Thus, in the opinion of the researcher, the use of concepts in a society should be studied based on the object, method and usefulness of the concept for the community concerned, so that the possibility of the accuracy of using the concept can be fulfilled.

Thank you very much to Tamnggung Tamambaloh and tradition keeper and all dayak
Tamambaloh communities who had become the data sources and information in this manuscript.