Law as culture

'Sangkalon, Sipangan Anak Sipangan Boru' sculpture: a symbol of justice to apply the law in Mandailing

By Edi Nasution

In the law there is a difference between 'adat' (custom), and ‘hukum adat’ (customary law). A ‘custom' are alive (become a tradition) in society can change and be recognized by the relevant public as a 'rule of law' ('customary law'). The term 'customary law' is a translation of the Dutch term is ‘adattrechts gemeenschap', who first proposed by Dr. C. Snouck Hurgronje (1895) were then used in his book namely ‘Platen behoorende’. The term ‘adattrechts gemeenschap' (‘adat-recht’) is then used also by van Vollenhoven (1918) who wrote a book abou subjects 'customary law' that 'adattrechts van Nederlandsch - Indie' (customary law of the Dutch East Indies). In this connection, Prof. Hazarin (1952) in his inauguration speech entitled “Decency and Law" argues that the entire field has a relationship with decency laws, either directly or indirectly. Thus, in a perfect legal system there is no place for something that is not aligned or are contrary to morality. Similarly, the 'customary law’, due to her special relationship and there is a direct rapprochement between law and morality, so the presence of the term 'customary law' which was created as a 'new concept' is not actually needed by the community (an ethnic group) because they understand the term 'adat' (custom) is complete (integrated), both in the sense as a 'courtesy' ('morality') or as 'law', in which each other (both of them) is a unified whole.

In the socio-cultural life of a community (ethnic group), the rules of 'custom' that is also the rules of ‘decency’ that the truth has been a general recognition in the society concerned. Although there are differences in the nature or style differences between the rules of 'decency' and the rules of ‘law’, but the forms of action that according to the 'law' is prohibited or otherwise recommended, are forms of action (behavior) were censured or advisable also according to 'decency' as the ultimate 'law' is entrenched in morality. Various forms of action that can no longer be maintained by the rules of 'decency', then maintenance is predicted by the rules of law. In this case, the definition of 'rules of law' is the rules that are not only based on 'personal liberty' but at the same time curb 'freedom (personal)' with a 'legal threats' (traditional sanctions) for anyone community members who have violated a provision of 'custom', a simple example such as the existence of an 'ancient sculpture' named 'sangkalon sipangan anak sipangan boru' is a symbol of justice in the application of the 'law' in the traditional life Mandailing community in the past. Literally, 'sangkalon: sipangan anak sipangan Boru' means 'the eater of children (boys and girls)', which means 'law' there (called 'uhum') must be applied fairly as possible, even though the family ('flesh') we itself,

The existence of the phrase 'sangkalon: sipangan anak sipangan Boru' as a philosophy of 'law and justice' in the traditional life of yore Mandailing community, is a proof that the 'law' (‘uhum’) has a major role and is therefore a very important position in the socio-cultural life them. One characteristic of the 'law' when it is that 'law' is integral of the various aspects of community life such as belief systems, morals, and ‘customs’ (traditions of a society that is inherited from generation to generation). In this case, the existence of 'term' ('traditional wisdom') Mandailing as 'adat dohot ugari' (customs and manner of implementation) and 'patik dohot uhum' (laws and regulations) shows clearly that the legal order does not stand alone because it is a integral part of the Mandailing cultural elements other. 

In this connection, there is a ‘word’ that is often touted Mandailing people, which is closely related to the 'law', especially in its application, that the 'holing' word, which may have a very deep meaning and importance to the Mandailing as contained in the expression: "… muda tartiop opatna, ni paspas naraco holing, ni ungkap buntil ni adat, ni suat dokdok ni hasalaan, ni dabu utang dohot baris… ". The point is that to be able to prosecute someone it must be based on the four main requirements. If the four main requirements that have been met, namely 'naraco holing' (an emblem consideration fairest) cleaned first, then see the customary provisions, and measured the severity of the error (offense ) has been done. After all that is done first, then later penalties (sanctions) can be imposed against the perpetrator. In addition, the  'holing' word is also included in the expression "surat tumbaga holing na so ra sasa" '(meaning 'surat tumbaga holing' that will not go away'). The intent of the phrase is, that the indigenous of Mandailing people will never disappear and become a way of life forever.

It may be said that 'cultural values​​' height of the philosophy of law and justice embodied in the symbolic 'sangkalon: sipangan anak sipangan Boru' Mandailing a wealth of cultural treasures that may be fitting for a basic arrangement of socio-cultural life of our own, and also potential to contribute to advancing the civilization and culture of our law. The principles of justice offered by the Mandailing culture was in line with the principles of justice that apply universally and also the principles of the rule of law and justice in Islam. However, due to the increasing loss of strength Mandailing language (cultural concepts contained in oral, written (using traditional characters called ‘surat tulak-tulak’, and ornamentation) on the motion of people's lives Mandailing up to this day, it decreases the sensitivity and enthusiasm we (Mandailing people) to explore the treasures of wealth our nation's culture, which in turn may be used to organize the life of our society today. 

Each 'huta' or 'banua' community (of settlements) in the first Mandailing there is one institution that run the government. In the governmental agency containing figures of traditional leader called 'Namora Natoras' and is led by a king ( 'Raja Panusunan Bulung' or 'Raja Pamasuk'). In this case, 'Raja Panusunan Bulung' is the head of government in 'huta induk' (mother village), while the 'Raja Pamusuk' is the head of government in 'huta anak' which is the development of a 'huta induk'. The 'huta induk' with a 'huta anak' are in a ‘custom bond’ called 'Janjian', which in Dutch is 'adattrechts gemeenschap'. Likewise each 'huta anak' run autonomously and democratic governance. In the sense that everything related to government affairs and social (public policy) in an all 'huta' can only be implemented upon approval by the results of deliberation and consensus by 'Namora Natoras' who sit in government agencies are representative of the population 'huta' with king, but in this case the king (Raja Panusunan Bulung and Raja Pamusuk) as head of government does not have the authority or the authority to do as they pleased in the field of government without consent 'Namora Natoras'.

Ethnic groups (traditional society) Mandailing adopts 'exogam clan', which means that the marriage should not take place (forbidden) for men and women who have a 'marga' (clan) are the same ('incest'), for example, between an adult male surnamed Lubis with an adult woman who has a 'clan' Lubis anyway, or vice versa. If that happens then it should be implemented a special traditional ceremony of 'pahabang manuk na bontar' ('white detach chicken'). Provisions (prohibition) is symbolic (in the form of white chicken picture ) attached to 'tutup ari' ('bindu') of a 'custom home' in every 'huta' (of settlements), that ‘bagas godang’ (the king's palace) and ‘sopo godang’ (customary convention center). After the traditional ceremony was held. Then both the perpetrators evicted from 'huta' place their settlement and terminated (ended) anyway kinship with the residents 'huta' or 'banua' place of their settlement. (*)

Gandoang. February, 21, 2014

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