CUSTOMARY LAW OF NYAMPOKNG PADI AS A PRACTICE OF MYSTICAL JUSTICE

Abstract

Customary law of nyampokng padi among Dayak Kanayat'n is reflecting a practice of justice based on mysticism which is often overlooked by modern formal and rational legal systems. A paradox arises when spiritual and symbolic forms of evidence are confronted by positivist legal logic which relies strictly on empirical proof. Therefore, this study aimed to describe and analyze the concept of transcendental justice in the framework of customary law. The analysis adopted a empirical legal method grounded in philosophy and hermeneutics, using both literature review and observation of customary practices. The results showed that customary system of evidence combined local rationality and transcendent values in the processes of customary oaths and munuh adat. The novelty of the analysis was based on the assertion that mysticism-based customary justice could serve as an alternative model of holistic justice. This would further offer insights that were relevant for the development of a more humanistic, spiritual, and contextually grounded national legal system.