Reconstruction Legal Culture of Madurese Based on Pancasila Values as Criminal Policy in Tackling Carok (Duel)

Abstract

This study attempts to uncover carok, a tradition used as a solution to overcome problems related to the humiliation of a man's honor in the Madurese. This homogenous society believes that dying would be better than living enduring shame. It seems that carokbecomes a socio-cultural fate for the Madurese, which is a means to express their ethnological destiny. Despite several efforts to prevent carok, such tradition keeps existing. It means that the affirmative legal instruments fail to provide a solution. Therefore, reconstructing the legal culture of the Madurese based on Pancasila's values to overcome the problem is proposed to be an alternative. This research has three objectives that are to find out:(1) Why the Madurese choose carok as a final solution (2) What the effects of using carok are (3) How to reconstruct the Madurese legal culture based on Pancasila's values to avoid carok. The study concludes that (1) Carok is chosen because it is a social norm gaining social supports; (2) The effects of using carok are that there are participants who (i) agree, (ii) disagree (iii) agree on carok in the case of humiliation of the wife's honor only (iv) there is a hope to have powerful generations and there are increasing roles of the local elites (3) The construction of the Madurese legal culture can be achieved by (i) emphasizing the roles of parents and the local elites (ii) influencing people's perspective that vigilante justice is harmful (iii) building legal awareness and operating a type of the informal justice systems (IJS) named Lembaga MusyawarahAdat (LMA) to overcome carok and other social problems.