Upaya Hukum Untuk Menjerat Tindakan Pelaku Perselingkuhan dalam Perspektif Hukum Adat Dayak Ngaju

Abstract

The problem that occurs is a legal vacuum regarding the regulation of sanctions that can be imposed on perpetrators of infidelity through national law. In the Dayak indigenous communities of Central Kalimantan, Dayak customary law is strictly enforced, but it is still not widely known. This research uses empirical qualitative research type, conducted by visiting the Kedamangan Institute in Central Kalimantan and the Dayak Customary Council (DAD) in Central Kalimantan. This can complement national legal efforts before the implementation of the national law of the Criminal Code Bill for the Ngaju Dayak community in Central Kalimantan. Legal efforts made to ensnare perpetrators of infidelity are broken promises which are the most serious legal remedies that can be done by the indigenous people of the Ngaju Dayak tribe. They believe that the oath taken on Basarah Adat will be serious for those who dare to lie. They may be short-lived, unlucky and suffer from continuous illness for themselves and their offspring and siblings. The customary Dayak Ngaju sanctions imposed on perpetrators of infidelity are to pay twice the value of the customary marriage (dowry) of the confiscated spouse, pay shame compensation for the legal family of the female partner, pay compensation for marriage expenses for the legal couple, and pay the peace of the party.