A STUDY ON THE RESOLUTION OF ADULTERY CASES WITHIN SABUNESE CUSTOMARY LAW

Аннотация

Adultery, a significant social and legal issue, is SUBMITED 16 October 2024 addressed through various legal frameworks, including ACCEPTED 09 December 2024 PUBLISHED 01 January 2025 customary laws that are deeply rooted in cultural VOLUME Vol.07 Issue01 2025 traditions. This study explores the resolution of adultery cases within Sabunese customary law, focusing on the CITATION practices, principles, and sanctions employed in such Yeni Hadi. (2025). A STUDY ON THE RESOLUTION OF ADULTERY CASES cases. Through qualitative analysis of customary legal WITHIN SABUNESE CUSTOMARY LAW. The American Journal of Political procedures, interviews with local authorities, and case Science Law and Criminology, 7(01), 1–4. Retrieved from studies, the research examines how Sabunese https://www.theamericanjournals.com/index.php/tajpslc/article/view/ 5792 customary law defines, addresses, and resolves adultery disputes. The findings reveal a unique blend of restitution, reconciliation, and community involvement in the resolution process, offering insights into the COPYRIGHT intersection of law, culture, and justice in Sabunese © 2025 Original content from this work may be used under the terms of the creative commons attributes 4.0 License. society. This study highlights the role of customary law in shaping social norms and legal practices within the community, providing a deeper understanding of its relevance in contemporary legal systems. Keywords: Sabunese customary law, Adultery, Legal resolution, Customary legal practices, Cultural norms, Dispute resolution, Restitution, Reconciliation. Introduction: In the intricate tapestry of human societies, the institution of marriage holds a sacred and pivotal place. It is a union woven with threads of trust, commitment, and shared values. Yet, like any complex tapestry, it can fray and weaken, especially when confronted with the challenges of infidelity. Adultery, the breach of marital fidelity, is a universal issue that transcends cultural boundaries. How societies respond to and resolve cases of adultery reflects not only their legal systems but also their deeply ingrained values, norms, and social structures. In this context, the Sabunese society of Indonesia provides a fascinating lens through which to examine the resolution of adultery cases. The Sabunese people, who inhabit the eastern islands of Indonesia, have a rich The American Journal of Political Science Law and Criminology 01 https://www.theamericanjournals.com/index.php/tajpslc The American Journal of Political Science Law and Criminology and distinct cultural heritage. Within their community, fieldwork provided critical insights into the role of customary law, known as "adat," has long played a customary law in resolving adultery cases and its central role in governing social interactions and integration into the broader social structure. maintaining order. Adultery cases, like other disputes, Legal anthropology served as the theoretical framework are subject to the mechanisms and principles of for this study. This approach allowed the researcher to Sabunese Customary Law. examine the Sabunese legal system from a cultural This study embarks on a comprehensive analysis of perspective. It entailed a careful examination of the adultery case resolution within the framework of norms, rules, and practices that govern adultery case Sabunese Customary Law. It seeks to unravel the resolution in Sabunese Customary Law. By applying legal intricacies and nuances of how the Sabunese society anthropology, the research could delve into the addresses cases of marital infidelity, exploring the intricacies of how justice is conceptualized and multifaceted dimensions of justice, gender dynamics, administered in Sabunese society. and social cohesion that underlie the process. By In addition to ethnography and legal anthropology, employing ethnographic research methods, legal interviews played a pivotal role in data collection. anthropology, and interviews with community Interviews with Sabunese community members, members, this research endeavors to provide a holistic including elders, legal authorities, and those involved in understanding of how Sabunese Customary Law past adultery cases, provided firsthand accounts and operates in this particular context. personal narratives. These interviews were crucial in The significance of this research extends beyond the uncovering the lived experiences, values, and Sabunese society itself. It offers valuable insights into perspectives of individuals within the community. They customary legal systems and their role in maintaining offered valuable insights into the practical application of social harmony and order in diverse cultural settings. customary law and how it shapes people's perceptions Moreover, the study of adultery case resolution serves of justice and social order. as a microcosm for understanding broader themes of This comprehensive research process allowed for a justice, morality, and