Proceedings of the 44th International Academic Conference, Vienna

BATAK PEOPLE’S DALIHAN NA TOLU IN THE PERSPECTIVE OF HUMAN RIGHTS

RUDY HAPOSAN SIAHAAN, RAJA FERNANDEZ BUTAR BUTAR

Abstract:

Legal tradition of Indonesia, as a chthonic law of Indonesia, is the original law of people in Indonesia, born from the earth of Indonesia – not from the outside. This legal tradition is known as a customary law which is believed to be a legal system that has a special character that can only be found on the earth of Indonesia. Van Vollen Hoven, in his finding, has divided the customary law of Indonesia into 19 customary law environments (rechtkringen), and one of them is the Batak (Tapanuli) customary law. Batak customary law has a philosophy known as "Dalihan Na Tolu" (three legs of a stove). Dalihan Na Tolu becomes a framework covering the relations of blood relatives and marital relationships that associate one group, and consists of three following things that form the common ground: 1) somba marhula; 2) elek marboru; and 3) manat mardongan tubu. This study examines how Dalihan Na Tolu becomes the right of the people, which is indispensable to human right principles, as recognized, respected and protected by the state. This is evident in the provision of Article 28I Subsection (3) of the 1945 Constitution of the State of the Republic of Indonesia, which states: "the cultural identity and rights of traditional communities are respected in harmony with the development of times and civilizations". Furthermore, emphasized by Article 6 of Law Number 39 of 1999 on Human Rights, it is stated in Subsection (1): "in the context of human rights’ enforcement, the differences and needs of indigenous peoples shall be addressed and protected by law, society and government", and in Subsection (2): "the cultural identity of indigenous peoples, including the rights over communal lands, is protected, in harmony with the development of times".

Keywords: customary law, Batak people, Dalihan Na Tolu, human rights

DOI: 10.20472/IAC.2018.044.046

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