Dayak: The Importance of Customary Law for the Dayak People

The indigenous community in West Borneo during a traditional Dayak ceremonial procession. Credit photo: Masri Sareb.

PONTIANAK - dayaktoday.com: The root causes of inter-ethnic conflicts in West Kalimantan, which have persisted since 1967, remain largely unexplored. Although various studies have attempted to analyze the issue, many aspects remain unresolved, leaving room for speculation, misinterpretation, and even politicization. 

As a member of a peace-loving ethnicity, I feel a deep responsibility to present a balanced and insightful perspective on this issue through this book.

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For decades, I have researched and observed the complexities surrounding these conflicts. Since 1984, I have devoted significant attention to this issue, particularly after witnessing the growing tensions between the indigenous Dayak people and migrant communities from Madura. While these tensions had existed for some time, the scale of the conflict in the early 1980s was not nearly as devastating as what unfolded in 1997, when violence erupted on an unprecedented level.

In my article titled "Tindakan Preventif untuk Mengurangi Penurunan Budaya Mangkok Merah" (Preventive Actions to Mitigate the Decline of the "Red Bowl" Culture), published in the national newspaper Kompas on March 14, 1984, I explored the potential trajectory of these conflicts. The concept of the Red Bowl is not meant in a literal sense but serves as a deeply symbolic element in Dayak tradition—representing an urgent communal call for assistance in times of crisis. This call for solidarity reflects the fundamental values of mutual aid and collective responsibility that have long defined Dayak society.

Through that article, I examined the historical patterns of ethnic tensions, the repeated failures to achieve lasting peace, and the urgent need for resolution. At the time, many observers assumed that such conflicts were temporary and would eventually subside. However, I argued that unless the underlying issues—ranging from land disputes to economic disparities and cultural misunderstandings—were addressed, these conflicts would inevitably resurface, potentially with even greater intensity.

Customary Law as the Foundation of Justice

For many people outside the Dayak community, understanding the significance of customary law is no simple task. Modern legal frameworks often assume that justice is best achieved through codified laws, courts, and formal judicial systems. However, among the Dayak, disputes—whether minor disagreements or serious criminal cases—are not merely legal matters; they are deeply embedded in customs and traditions that have guided the community for centuries.

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This is why security personnel and law enforcement officers operating in Dayak territories must develop a nuanced understanding of the local legal traditions. The Dayak people adhere firmly to their customary legal systems, which, despite external influences, remain strong to this day.

Several codified customary laws govern different Dayak subgroups. Among them, the Kanayatn Customary Law and the Jangkang Customary Law of West Kalimantan provide structured legal frameworks for resolving conflicts within those communities. Similarly, in Central Kalimantan, the Ngaju Tribe follows a customary law system known as Singer, which continues to play an essential role in maintaining social harmony.

In many instances, customary law functions not only as a mechanism for conflict resolution but also as a moral compass that ensures balance within the community. Unlike the rigid structures of state law, which often operate in absolutes, customary law is adaptive, taking into account historical context, social relationships, and cultural values.

The Wisdom of Proverbs: A Window into Tacit Knowledge

As an outsider, you might wonder: Why does customary law hold such power among the Dayak, no matter where they are? The answer can be found in their proverbs, which encapsulate the wisdom of generations:

1. Hidup dikandung adat, mati dikandung tanah. (Life is guided by custom, death is embraced by the earth.)
2. Betungkat ke adat basa, bepegai ke pengator pekara. (Stick to tradition and follow the guidance of customary law.) — An Iban proverb.
3. Biar sesae’ di belantara, asal jangan sesae’ di adat basa. (It is better to be lost in the wilderness than to lose one’s way in tradition.)

For the Dayak people, proverbs are not just poetic expressions or decorative words; they carry profound wisdom, passed down through generations. These sayings function as cultural markers, shaping the way individuals interact with one another and how they perceive justice, duty, and honor.

To draw a parallel, let us look at the great philosophical traditions of ancient Greece. Works like The Iliad and The Odyssey are filled with mythological and poetic proverbs that have guided ethical thought for centuries. Similarly, for the Dayak, proverbs serve as a repository of knowledge, preserving values and insights that might otherwise be lost in the transition to modernity.

Tacit Knowledge: The Invisible Foundation of Cultural Identity

Among the Dayak, proverbs encapsulate what scholars call tacit knowledge—the unwritten, yet deeply ingrained wisdom of a people who have thrived for centuries, even millennia. Unlike knowledge recorded in books or academic papers, tacit knowledge constitutes the vast majority—around 95%—of human understanding. The remaining 5% is what gets documented in writing. This kind of knowledge is particularly strong in societies that still uphold their traditional customs.

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The term “tacit” comes from the Latin tacere, meaning "to be silent." But in this context, silence does not mean an absence of communication. Tacit knowledge is not something taught in schools or universities—it is gained through experience, deep thought, skill, and commitment. Unlike formal education, which relies on structured curricula, tacit knowledge is developed through observation, participation, and practice within a community.

This form of knowledge manifests in four essential ways:

1. Experience – Learning through real-life situations, not theoretical instruction.
2. Thought – Reflection and wisdom gained over time through critical thinking and observation.
3. Competence – The skill and mastery developed through practice and hands-on engagement.
4. Commitment – Dedication to preserving and passing down knowledge from one generation to the next.

For the Dayak people, these four elements are deeply embedded in their daily lives. Customary law, traditional rituals, and oral storytelling all serve as vehicles for transferring tacit knowledge across generations.

-- Masri Saren Putra