Name: M.

Rizal Sirojudin
Subject: Adat Law
Class: International Class
No. Phone : 081336022341
2018 1800024344
Title: Akomodasi Nilai-Nilai Budaya Masyarakat Madura Mengenai Penyelesaian
Carok Dalam Hukum Pidana
Link: https://media.neliti.com/media/publications/83436-ID-akomodasi-nilai-nilai-
budaya-masyarakat.pdf

Resume the Adat Law Journal

1. Cultural values of the Madurese community
Madura is an island in East Java province that has a culture that is very strong in Islam
and distinctively cultural. In its own culture it has differences with the Islamic religion they
profess. They still maintain the conservative nature that exists even they have up to now
maintained the status quo carok culture until now. But to the ulama circles, they have very strong
manners too. Even in some cases, they listen more to an ulama's appeal than the government.
Madura community has the principle of obedience to the 4 figures there. The four figures are
Buppa ', Babbu, Guru, ban Rato (father, mother, teacher, and government leader).
Apart from their distinctive culture, they also have a very strong bond of brotherhood.
Such as the cultural expression, “oreng dhaddhi taretan, taretan dhaddhi oreng” (other people
can be or are considered as their own brothers, while the brothers themselves can become or be
considered as others). In this phrase it can be concluded that their brotherhood is not only based
on the relationship of blood / relatives but also based on the bond of friendship or very close
friendship. Even you can become enemies if there is a big problem.
For Madurese, self-esteem is a cultural value that is still upheld today. Self-esteem is a
fundamental value for the Madurese and is a measure of self-existence. Therefore, self-esteem is
an important thing that must be maintained so that it is not demeaned. Madurese who are
harassed by their pride will feel malo (embarrassed) then do carok against those who abuse them.
Self-esteem harassment is synonymous with harassment of one's capacity. Therefore, for reasons
of shame like that Madura people often do carok as the legal route used.
In Madura society, Islamic values are one of the defining traits of Madurese, so that
Madurese must be Muslim. An illustration shows that the Madurese with the spirit of Islam have
the expression “abalad syahadat, asapo iman, apayung Allah” (in their lives they use syahadat
as a headwear, covered in faith, and take refuge in Allah). Insulting religion is like offending self
esteem (apote tolang), the law is dead. A person's status for the Madurese is seen from the level
of Islam inherent in him. The highest symbol of Islam used as a benchmark is the kyai and then
the pilgrimage. Therefore the fanatic nature of Madurese society towards religious leaders is
getting stronger there.

2. Carok and Process of Completion Based on Deliberation

Madura people have a fairly serious approach in terms of deliberation. The aim is that
carok culture can be minimized. In addition, it is also for reconciliation and minimizing disputes
on another day. The culture of deliberation in addition to bringing Madurese closer together is
also intended to restore balance caused by conflict. The presence of state law with a set of
characteristics not only makes the Madurese hostile, but also causes the conflict to continue. The
presence of state law carries a burden on the cultural values of the Madurese people, because in
the principles of positive law that is too rigid and does not guarantee complete justice either by
victims or perpetrators. it makes the parties more at war.
The burden is caused by a reality that the Madurese are famous for their strong
togetherness. Community ties have been institutionalized in Madura, so the expression oreng
dedhi kancah (other people become friends). The whole life of the Madurese is filled with a
sense of togetherness, everything by paying attention to the interests of family members,
relatives, and neighbors on the basis of helping, helping each other. Every individual and
member of the community is an integral part of the Madurese community as a whole. These
things make the culture of deliberation and forgiveness mutually important to be revived in
completing the carok case in Madura. Therefore, the opinion was rejected saying that the
existence of the cultural values of the Madurese community in completing the carok case had a
lower position compared to the legal status of the country with its formal characteristics. This
opinion also directly killed the culture of the Madurese deliberation, especially when there was a
conflict.
From all of the above statements, we can conclude that even though in Carok Islam is not
included in its realm but carok is an alternative solution provided that it must first discuss. With
that, carok is only a final solution with the guiding tool of deliberation.

3. Criminal Law As Private Public Law

As explained above, public law with a private dimension is the settlement of a criminal
case with a medium of deliberation. Because in addition to consolidation and conciliation
problems, the use of mediation can also eliminate guilt from the victim and the perpetrator.
Psychologically, the actors who conduct deliberations will be able to feel the psychological
pressure from the victim and vice versa. Therefore, reconciliation will be easily achieved when
using deliberation.
The implications of this concept are violations, the settlement process, those who have
the right to settle, and the imposition of sentences are no longer dominated by state law and law
enforcement officers, but the cultural values of the people and people who are considered to have
authority and charisma are also recognized to resolve violations that are categorized as violations
of cultural values. In this connection, the cultural values of the Madurese community in the
process of solving the carok case have a meaningful place in criminal law. Thus, accommodation
of Madura's cultural values regarding carok in criminal law can only be realized if the conception
of criminal law is no longer part of public law, but public law that has a private dimension.

4. Penal Mediation on the basis of the Cultural Values of the Madurese Community
Mediation in criminal law is different from mediation in civil law, which is related to
what is at stake / at issue, who is involved and who is the mediator. In civil law mediation is
usually related to money problems, while in criminal law the problem is more on one's freedom
and life. Regarding who is involved in mediation, in civil law usually the parties who directly
dispute or the second party has an interest. Whereas in criminal law involved more complex not
only perpetrators and victims, but also public prosecutors, as well as the wider community.
Mediators in civil law are generally people who have received training for that, while in criminal
law, mediators generally are judges or other people who have no experience, training, even a real
understanding of the practice of mediation. In criminal law mediation means the process of
resolving criminal cases by bringing together the perpetrators of crimes and victims to reach a
collective agreement relating to the crimes committed by the perpetrators and the restitution
given to victims. The meeting was mediated by a mediator or better came from law enforcement,
government, people engaged in non-governmental organizations, and community leaders. But in
the context of customary law in Madura, the mediator comes from the clergy. Because they are
seen as Madurese people who have great charisma and are regarded as good and wise people.
In mediation there are several surplus benefits that can be considered in its use. First,
mediation will reduce victims' feelings of revenge, be more flexible because they do not have to
follow procedures and processes as in the criminal justice system, and cost less, and the process
is faster than the litigation process. Second, the burden of the criminal justice system because the
accumulation of cases and the process of resolution takes time which can not be reduced at least
by the presence of mediation between the perpetrators and the victims. Third, mediation provides
an opportunity for victims to meet with actors to discuss crimes that have harmed their lives,
express their concerns and feelings and ask for restitution. Fourth, mediation recreates
harmonious relationships between victims and perpetrators. This condition is not found in
resolving conflicts through the criminal justice system. Forgiveness of victims to the perpetrators
will reduce the guilt of the perpetrators and create reconciliation between the two.
In the culture of Madura society like that, if accommodated for positive law criminal law
can cause some benefits. 1). the value of the cultural values of the community remains
sustainable and its existence is recognized, especially related to dispute resolution. During this
time the role of customary criminal law based on the cultural values of the community was
eliminated by the presence of state law. Law No. 1 / Drt / 1951 directly wants to abolish
customary criminal law and customary sanctions from the legal system in Indonesia and be
replaced by statutory regulations so that the procedure for settling criminal cases is generally
channeled through the general court. 2). as a result of the first namely the existence of state law
which in many respects contradicts the cultural values of society, the settlement of cases through
reasoning mediation based on the cultural values of society will cause the relationship between
state law and cultural values of society to walk in harmony and complete each other. 3). Dispute
resolution through criminal mediation based on cultural values of the community will reduce the
burden of the criminal justice system. Today the criminal justice system is overloaded with cases
so that it reduces its effectiveness in tackling crime.
Basically, each legal system has its own advantages or disadvantages and has certain
characteristics. But in a society, it requires an appropriate legal system. In accordance with what
they can accept or can do. If a law makes it difficult for the community to obtain justice, then the
law should not be used for reasons of compatibility. Although the purpose of the law is to
regulate society, the law must also come from the community so that it does not contradict life in
society. Therefore, the element of material law which is rarely reviewed like this must be
reconsolidated so that the stability and comfort of citizens can be carried out.