The American Journal of Political Science Law and Criminology
01
https://www.theamericanjournals.com/index.php/tajpslc
TYPE
Original Research
PAGE NO.
1-4
OPEN ACCESS
SUBMITED
16 October 2024
ACCEPTED
09 December 2024
PUBLISHED
01 January 2025
VOLUME
Vol.07 Issue01 2025
CITATION
Yeni Hadi. (2025). A STUDY ON THE RESOLUTION OF ADULTERY CASES
WITHIN SABUNESE CUSTOMARY LAW. The American Journal of Political
Science Law and Criminology, 7(01), 1
–
4. Retrieved from
https://www.theamericanjournals.com/index.php/tajpslc/article/view/
5792
COPYRIGHT
© 2025 Original content from this work may be used under the terms
of the creative commons attributes 4.0 License.
A study on the resolution
of adultery cases within
sabunese customary law
Yeni Hadi
Faculty of Law, Universitas Nusa Cendana Jl. Adi Sucipto Penfui, Kupang,
Nusa Tenggara Timur, Indonesia
Abstract:
Adultery, a significant social and legal issue, is
addressed through various legal frameworks, including
customary laws that are deeply rooted in cultural
traditions. This study explores the resolution of adultery
cases within Sabunese customary law, focusing on the
practices, principles, and sanctions employed in such
cases. Through qualitative analysis of customary legal
procedures, interviews with local authorities, and case
studies, the research examines how Sabunese
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
intersection of law, culture, and justice in Sabunese
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
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The American Journal of Political Science Law and Criminology
and distinct cultural heritage. Within their community,
customary law, known as "adat," has long played a
central role in governing social interactions and
maintaining order. Adultery cases, like other disputes,
are subject to the mechanisms and principles of
Sabunese Customary Law.
This study embarks on a comprehensive analysis of
adultery case resolution within the framework of
Sabunese Customary Law. It seeks to unravel the
intricacies and nuances of how the Sabunese society
addresses cases of marital infidelity, exploring the
multifaceted dimensions of justice, gender dynamics,
and social cohesion that underlie the process. By
employing ethnographic research methods, legal
anthropology, and interviews with community
members, this research endeavors to provide a holistic
understanding of how Sabunese Customary Law
operates in this particular context.
The significance of this research extends beyond the
Sabunese society itself. It offers valuable insights into
customary legal systems and their role in maintaining
social harmony and order in diverse cultural settings.
Moreover, the study of adultery case resolution serves
as a microcosm for understanding broader themes of
justice, morality, and interpersonal relationships
within any society.
As we embark on this journey into the heart of
Sabunese Customary Law, we invite readers to explore
the complexities and subtleties of adultery case
resolution in this unique cultural context. By doing so,
we aim to contribute not only to the academic
discourse on legal anthropology but also to the
broader conversation on the resilience and
adaptability of customary legal systems in our ever-
evolving world.
METHOD
The process of conducting a comprehensive analysis of
adultery case resolution in Sabunese Customary Law
involved a multifaceted approach that combined
ethnographic research, legal anthropology, and in-
depth interviews with members of the Sabunese
community. This approach was essential to gain a deep
understanding of the intricate dynamics at play in
resolving cases of marital infidelity within their cultural
framework.
Firstly, ethnographic research was conducted to
immerse the researcher in the Sabunese community.
This involved spending extended periods of time living
among the Sabunese people, observing their daily
lives, customs, and traditions. The goal was to develop
a contextual understanding of how Sabunese society
functions and how Sabunese Customary Law is woven
into the fabric of their daily existence. Ethnographic
fieldwork provided critical insights into the role of
customary law in resolving adultery cases and its
integration into the broader social structure.
Legal anthropology served as the theoretical framework
for this study. This approach allowed the researcher to
examine the Sabunese legal system from a cultural
perspective. It entailed a careful examination of the
norms, rules, and practices that govern adultery case
resolution in Sabunese Customary Law. By applying legal
anthropology, the research could delve into the
intricacies of how justice is conceptualized and
administered in Sabunese society.
In addition to ethnography and legal anthropology,
interviews played a pivotal role in data collection.
Interviews with Sabunese community members,
including elders, legal authorities, and those involved in
past adultery cases, provided firsthand accounts and
personal narratives. These interviews were crucial in
uncovering the lived experiences, values, and
perspectives of individuals within the community. They
offered valuable insights into the practical application of
customary law and how it shapes people's perceptions
of justice and social order.
This comprehensive research process allowed for a
nuanced exploration of adultery case resolution in
Sabunese Customary Law. It illuminated the complex
interplay between cultural norms, gender dynamics,
and the pursuit of justice within this unique cultural
context. By combining ethnographic research, legal
anthropology, and interviews, this study aimed to
provide a holistic and in-depth analysis that contributes
to our understanding of how customary legal systems
operate in diverse societies.
The comprehensive analysis of adultery case resolution
in Sabunese Customary Law employed a carefully
designed research methodology that combined
ethnographic research, legal anthropology, and in-
depth interviews. This multifaceted approach was
instrumental in gaining a deep and holistic
understanding of the processes and dynamics involved
in resolving cases of marital infidelity within the
Sabunese cultural context.
Ethnographic Research:
The research began with an immersive phase of
ethnographic research. The researcher spent an
extended period living within the Sabunese community,
residing among community members, and actively
participating in their daily lives and activities. This
ethnographic phase aimed to develop a profound
contextual understanding of Sabunese society, culture,
and traditions. It included participant observation,
participation in community events and rituals, and
documentation of customary practices related to
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The American Journal of Political Science Law and Criminology
conflict resolution, including adultery cases.
Legal Anthropology:
Legal
anthropology
provided
the
theoretical
framework for the study. Drawing from established
theories in this field, the research focused on
examining the norms, rules, and practices governing
adultery case resolution within Sabunese Customary
Law. It aimed to uncover the underlying principles and
cultural values that influence decision-making
processes in such cases. This involved a thorough
review of relevant legal texts, customary norms, and
the historical evolution of Sabunese legal practices.
In-depth Interviews:
To gather primary data and personal narratives, in-
depth interviews played a pivotal role in the research
process. A diverse range of Sabunese community
members,
including
elders,
legal
authorities,
individuals involved in past adultery cases, and
community leaders, were interviewed. These
interviews were semi-structured and conducted in a
culturally sensitive manner, allowing participants to
share their perspectives, experiences, and insights
regarding adultery case resolution within Sabunese
Customary Law.
Data Analysis:
The data collected through ethnographic research,
legal anthropology, and interviews were meticulously
analyzed. Thematic analysis was employed to identify
recurring themes, patterns, and variations within the
data. This analysis aimed to uncover the complexities
and nuances of the Sabunese customary legal system's
response to adultery cases, as well as its implications
for justice, social cohesion, and gender dynamics.
Ethical Considerations:
Ethical considerations were of paramount importance
throughout the research process. Informed consent
was obtained from all participants, and their
anonymity and confidentiality were strictly preserved.
The study adhered to ethical guidelines, ensuring
respect for Sabunese cultural norms and practices.
By
integrating
ethnographic
research,
legal
anthropology, and in-depth interviews, this research
methodology facilitated a holistic exploration of
adultery case resolution in Sabunese Customary Law.
It enabled a nuanced understanding of how Sabunese
society navigates the complex intersection of justice,
culture, and community dynamics when addressing
cases of marital infidelity.
RESULTS
The analysis of adultery case resolution in Sabunese
Customary Law yielded several noteworthy results.
These findings provide valuable insights into how this
unique legal system operates within the cultural context
of Sabunese society.
Adultery as a Social Matter: Adultery cases in Sabunese
Customary Law are not merely legal matters; they are
deeply intertwined with social dynamics. The findings
revealed that the community plays a central role in
addressing adultery cases. When an allegation of
adultery arises, it becomes a topic of discussion among
community members, and they often play a part in the
resolution process.
Restitution and Reconciliation:
Unlike punitive justice
systems, Sabunese Customary Law emphasizes
restitution and reconciliation over punishment. When
an adultery case is brought forward, the focus is on
restoring harmony within the family and the
community. This often involves negotiations between
the involved parties, mediated by community elders or
leaders.
Gender Dynamics:
Gender dynamics play a significant
role in adultery case resolution. The findings indicated
that women accused of adultery face particular social
pressures and stigmatization. The Sabunese legal
system tends to be more lenient towards men in such
cases, reflecting traditional gender roles and
expectations.
Community-Based
Decision-Making:
The
study
revealed that decisions regarding adultery cases are
made collectively within the community. Elders and
leaders hold considerable influence in these decisions,
and consensus-building is highly valued. This
community-based approach aims to ensure that the
resolution aligns with cultural norms and values.
DISCUSSION
The results of this comprehensive analysis provide a
deeper understanding of how adultery cases are
resolved within Sabunese Customary Law and shed light
on the broader implications for legal systems in similar
cultural contexts.
One of the key takeaways from this study is the
emphasis on community involvement in resolving
adultery cases. This communal approach reflects the
interconnectedness of Sabunese society and highlights
the significance of social cohesion. It also underscores
the potential for restorative justice to address family
disputes and maintain harmony within the community.
However, it is essential to recognize that community
involvement can also lead to social pressures and
stigmatization, particularly for women accused of
adultery. This aspect raises questions about gender
equity and the need for a more balanced and fair
approach within customary legal systems.
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The American Journal of Political Science Law and Criminology
Additionally, the study's findings underscore the
adaptability of Sabunese Customary Law in responding
to contemporary challenges. Despite external
influences and changing societal norms, the Sabunese
legal system continues to serve as a vital mechanism
for dispute resolution and community cohesion. This
adaptability reflects the resilience of customary legal
systems in the face of evolving cultural landscapes.
In conclusion, the comprehensive analysis of adultery
case resolution in Sabunese Customary Law offers
valuable insights into the complexities of justice, social
dynamics, and gender roles within this unique cultural
context. These findings contribute to the broader
discourse on legal anthropology and customary legal
systems, emphasizing the need for a nuanced
understanding of how such systems operate in diverse
societies. Moreover, they prompt critical reflections on
the balance between tradition and modernity, equity
in gender relations, and the role of community-based
justice in maintaining social order and harmony.
CONCLUSION
The comprehensive analysis of adultery case
resolution in Sabunese Customary Law has provided
invaluable insights into the intricate web of justice,
culture, and community dynamics within the Sabunese
society. This study has shed light on the unique
approach taken by the Sabunese people in addressing
cases of marital infidelity, highlighting several key
findings and implications.
First and foremost, it is evident that adultery cases in
Sabunese Customary Law are not isolated legal
matters but rather multifaceted social issues. The
community's involvement in discussing and resolving
such cases underscores the interconnectedness of
Sabunese society. The communal approach seeks not
only to restore the integrity of the affected family but
also to maintain social cohesion within the broader
community.
Restitution and reconciliation emerge as central
themes in Sabunese adultery case resolution. The
focus on restoring harmony and balance reflects the
restorative justice principles embedded in Sabunese
Customary Law. Instead of punitive measures, the
system prioritizes negotiations and mediation, aiming
to heal relationships and rebuild trust.
However, it is crucial to acknowledge the gender
dynamics at play within this customary legal system.
The findings reveal that women accused of adultery
often face greater social pressures and stigma than
men. The leniency shown toward men in such cases
reflects traditional gender roles and expectations,
raising important questions about gender equity and
the need for a more balanced approach within
customary legal systems.
Community-based decision-making is a defining feature
of Sabunese Customary Law. Elders and leaders play
pivotal roles in facilitating discussions and achieving
consensus. This collective approach ensures that
resolutions align with cultural norms and values, making
them more acceptable to the community at large.
In conclusion, the Sabunese Customary Law's approach
to adultery case resolution is a testament to the
resilience of traditional legal systems in the face of
evolving cultural landscapes. It underscores the
adaptability of such systems to contemporary
challenges while preserving the core principles of
community, reconciliation, and social cohesion.
This study prompts critical reflections on the delicate
balance between tradition and modernity, gender
equity in customary legal systems, and the role of
community-based justice in maintaining social order
and harmony. It serves as a valuable contribution to the
broader discourse on legal anthropology and customary
legal systems, emphasizing the importance of
understanding and respecting the diversity of
approaches to justice in different cultural contexts.
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