Dualisme Hukum dan Fenomena Underreporting : Studi Sosio-Hukum pada Masyarakat Adat Dayak Benuaq

Abstract

Report legal violations to state authorities, using a conceptual socio-legal approach supported by qualitative references and empirical documentation of customary dispute-resolution practices. Findings indicate that strong cultural reliance on customary institutions, limited trust in state law enforcement, historical experiences of unequal treatment, and the perceived effectiveness of adat mechanisms collectively shape underreporting behavior. Although Indonesian legal regulations emphasize equal access to justice and encourage public participation in formal reporting processes, evidence from various studies shows a persistent gap between legal norms and community practices. A documented conflict-resolution case in a Benuaq village demonstrates how customary deliberation was chosen over police reporting due to expectations of restorative outcomes and fear of escalating the dispute. Structural issues, such as geographical distance from police posts, limited responsiveness of authorities, and socio-economic vulnerabilities further reinforce the community's preference for adat forums. This study concludes that underreporting among the Dayak Benuaq reflects broader socio-legal dynamics where formal institutions fail to gain full legitimacy, allowing customary systems to remain the dominant avenue for addressing disputes. Strengthening trust, improving state, community relations, and recognizing the complementary role of adat are essential for ensuring equitable access to justice.