Restorative Justice Paradigm of Kanayat'n Dayak Customary Law on Environmental Damage Caused By Shifting Cultivation

Abstract

The culture of farming and clearing land has existed since the transition of primitive humans to the modern age, as has the agricultural culture of the Dayak Kanayat’n indigenous people, which has been handed down from their predecessors for generations is currently evolving. The Kanayat’n Dayak are a sub-tribe of the Dayak who reside primarily in West Kalimantan on the island of Kalimantan. The Dayak Kanayat’n indigenous people are predominantly traditional farmers using traditional farming techniques. Agriculture is a part of the culture; agricultural techniques give rise to a farming culture, which absorbs local practices in cultivating the land. The pattern of land clearing can deduce the traditional nature of this agriculture. Conventional Dayak kanayat’n farmers clear the ground by identifying the area, chopping down the vegetation, and burning the remnants. This method of land clearance employed by the indigenous Dayak Kanyat‘n is also known as shifting cropping. This shifting cultivation activity has a positive aspect, namely the development and preservation of traditional Dayak kanayat’n agricultural culture customs. Still, it also has a wrong side, environmental damage, if carried out in large quantities and without measurement. This research focuses on the sociological juridical approach. Methods of data collection employing both primary and secondary legal materials. Article 80 of the Provisions for the Traditional Deliberation in Sengah Temila District, dated March 12-13, 2010, stipulates the administration of restorative justice to farmers who violate Dayak Kanayat customary law and cause forest fires. The sanction is Siam Pahar Pangalabur Temenggung.