Accepted Paper:

Functioning customary law for survival : adaptation and resistance in Kasepuhan Ciptagelar, Sukabumi District, West Java  

Author:

Tine Suartina (The University of Western Australia)

Paper short abstract:

A traditional group whose belief and law from ancestors heredity show contestation between traditional and modern systems at the grass root level for the survival Adaptation and resistance are a continuum. Here a marginalized community is able to decide stance and choice supported by customary law.

Paper long abstract:

A diverse society often contains certain traditional groups who keep practicing their belief and law despite fully embracing modernization. The ultimate rationales usually based on their ancestors' heredity and the suitability. Kasepuhan Ciptagelar, one of adat (customary) communities located in Halimun Mountain in Sukabumi District in West Java Province, represents this case. Taking examples on their agriculture arrangement and giving birth case, this community, together with its 160s hutments (kampongs) and 568 groups of extended family, provide a vivid example of how the real and actual contestation between traditional and modern systems actually takes place at the grass root level. In addition, both cases emphasize that community's considerations are significantly related to their survival. By process, the community's adaptation, resistance or even change is a continuum that proceeds over time, and has faced challenges and sacrificed certain "price" to pay. Employing legal anthropology and socio-legal approaches, the discussion is also aimed to change the general assumption that a politically marginalized community is mere incapable and passive. Conversely, this community's experience shows that for their sustainability, they are competent to be active and to determine their stances and suitable choice for them. This is supported by a durable social cohesion and managed by a sustaining customary law.

Panel P04
Performing heritage, sustaining livelihoods: resilience, recognition and relationality