Customary Sanctions Against Indigenous Communities Who Never Carry out Ngayah Obligations Based on The Awig-Awig of Siladan Traditional Village

Abstract

This study aims to determine the factors that cause the people of Siladan Traditional Village to not carry out their ngayah obligations in accordance with the customary laws of Siladan Traditional Village and the customary sanctions against the indigenous people who have never carried out their ngayah obligations based on the customary laws of Siladan Traditional Village. The type of research in this study is an empirical legal research, namely a legal research method that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observation. The results obtained from this study are that the people of Siladan Traditional Village who do not carry out their ngayah obligations in accordance with the customary laws are still given customary sanctions, and if they cannot carry out their obligations they are required to report to buy ayah-ayahan. The conclusion in this study is that the factors that cause the people of Siladan Traditional Village not to carry out their ngayah obligations in accordance with the customary laws are caused by several things. One of them is the busyness and demands of work, especially for people who work outside the village, so they have difficulty finding time to participate in ngayah activities. Customary sanctions generally include fines in the form of material or in-kind payments, as well as social sanctions in the form of restrictions on customary rights. Communities that repeatedly ignore these obligations without justification may be subject to more severe sanctions, including exclusion from customary activities. Sanctions aim to revitalize collective awareness and ensure the preservation of the ngayah tradition among the Siladan Traditional Village community.