The Adjudication of Traffic Accident That Causing the Victims Die from Adat Law Perspective in Sanggau Regency, West Kalimantan

Abstract

This study aims to determine the adjudication of traffic accident cases that causing death from adat law perspective in Sanggau Regency, West Kalimantan. The facts in the community adat law show that adat law is the choice to adjudge the case of a traffic accident that causing death which is called adat pati nyawa. This shows the existence of adat law in Sanggau Regency, West Kalimantan. The research is an empirical legal research, in which the author examines the substance of adat law to the adjudication of traffic accident cases that causing a death, collects the legal data through observations, interviews, and focus group discussions. The approach used is socio-legal-antro which examines the community law behavior, especially the practice of adat pati nyawa in Sanggau Regency, West Kalimantan. The findings obtained Indonesia as a country that has a diversity of ethnicities, cultures, customs and adat laws, hence the unification of law is not absolute and has to accommodate the law that is locally able to provide justice for the community. The essence of the adjudication adat law on traffic cases that causing death is an institution that is believed to have justification for providing the justice of the indigenous peoples of Dayak Hibun, in terms of historical and socio-anthropological values.

Keywords: Case Adjudication, Adat Law, Adat Pati Nyawa.

DOI: 10.7176/JLPG/93-09

Publication date: January 31st 2020