The Existence of Traditional Institutions of Tangkura Village Based on Regulation of The Minister of Home Affairs Indonesia

The Existence of Traditional Institutions of Tangkura Village Based on Regulation of The Minister of Home Affairs Indonesia

Askar Mayusa^1*, Muhammad Nur Ali^2
1Department of Public Administration, Tadulako University, Indonesia
²Department of Sociology, Tadulako University, Indonesia

DOI: https://doi.org/10.47772/IJRISS.2023.7467

Received: 31 March 2023; Accepted: 07 April 2023; Published: 09 May 2023

ABSTRACT

This study aimed to determine the existence of the Tangkura Village Traditional Institution, Poso Pesisir Selatan District, Poso Regency, based on the Minister of Home Affairs Regulation Number 18 of 2018 concerning Village Community Institutions and Village Traditional Institutions. The existence of the Tangkura Village Customary Institution is related to its formation, duties, functions, and work relations. This study used the descriptive qualitative method. Data collection techniques used are observation, interviews, and documentation. Establishing the Tangkura Village Traditional Institution, through village government and community meetings by the provisions of Pancasila and the 1945 Constitution, does not yet have a permanent secretariat or written guidelines for implementing activities. The duties and functions of the Tangkura Village Customary Institution can be seen in holding traditional wedding processions (Pamona, Poso) and managing social order in the community but not in health, education, and arts and cultural development activities. Working relationships tend to be limited because they only occur in deliberations.

Keywords: custom, village, existence, institution

INTRODUCTION

Based on Law Number 6 of 2014 concerning Villages, Article (1) states that a village is a traditional place or called by another a village. A village is a legal community unit with territorial boundaries authorized to regulate and manage government affairs. The local community interests are based on community initiatives, origin rights proposals, and traditional rights recognized and respected within the system of government of the Unitary State of the Republic of Indonesia. The Regulation of the Minister of Home Affairs Number 18/2018 concerning Village Community Institutions and Village Customary Institutions also states that custom village or designation other. After this, the abbreviated LAD is the institution that performs the function of custom customs and becomes part of the original composition of the village that grows and develops on the initiative of the village community.

Referring to regulation Number 18/2018, an acknowledgment of the village’s existence is obtained as a community unit with the legality to carry out local wisdom values regarding origins or customs. The custom aims to accommodate the pluralistic conditions of the Indonesian nation. Tangkura Village is part of the Poso Pesisir Selatan District, Poso Regency, which still applies traditional values that govern people’s lives. The customs of the people of Tangkura Village are called Pamona-Poso Customs, which the Village Customary Institution carries out. The management of the Tangkura Village Customary Institution was chosen through a community agreement. However, there have been changes since 2020, from 7 (seven) people to 5 (five) people, due to budget adjustments from the village government(Hapsara et al., 2017).As an unwritten law and only based on mutual agreement, it is a weak point for the existence of the Tangkura Village Customary Institution in carrying out its functions, especially in the community development field(Abdullah et al., 2020).LAD will only regulate residents who have previously stated they are willing to follow the Pamona-Poso customary rules because they are not coercive. Although the members of the community are initially the Pamona-Poso tribe, there are still residents who refuse to carry out their customary traditions for reasons of freedom and belief. They applied a rule for conducting a violation of traditional norms; sanctions or fines are given at the discretion of the LAD. The embargo can be paying an amount in cash or in the form of livestock.

LAD partners with the Village Government to empower, preserve, and develop customs as a form of community recognition (Wicaksono et al., 2022).But carrying out this task is still not optimal. Inheritance of Pamona-Poso traditional values or education for the community was not carried out. The existence of LAD will be seen when there is a formal ceremony in marriage and settlement of social cases. Preserving artistic and cultural heritage is almost invisible (Fahmi et al., 2016).For example, education on traditional values and norms, training in traditional arts such as the original dero dance, torompio dance, karambangan music, singing folk songs, and other cultural heritage. This cultural and artistic heritage is usually presented once a year to commemorate Indonesia’s independence day, but in recent years it has decreased(Reshma et al., 2023).

RESEARCH METHODOLOGY

This study uses a qualitative descriptive method to provide an overview of the existence of the Tangkura Village Customary Institution based on the Minister of Home Affairs Regulation Number 18 of 2018 concerning Village Community Institutions and Village Customary Institutions. In this study, two sources of data were used, namely primary data obtained directly from the field through observation, interviews, and documentation. In contrast, secondary data sources are obtained from books as a source of theoretical concepts and other relevant literature to the research topic. The focus of this study is the existence of LAD Tangkura with the following indicators: (1) Establishment of LAD; (2) LAD Duties and Functions; (3) LAD Work Relations. This research data analysis is based on Miles and Huberman: data condensation, data presentation, and conclusion. The research was conducted from November 2022 to March 2023 at Tangkura village, Poso Pesisir Selatan, Central Sulawesi, Indonesia.

RESULTS AND DISCUSSION

Description of Research Locations

Tangkura Village was initially started by several families who came from the old village, which is Poencu Village, located southeast of Tangkura Village, in 1925.Through land, they were clearing to become a coconut garden because, in that old village, coconut plants were not successful. After all, it was too far from sea level. Because the land was considered suitable for settlement, more and more residents of the old village came to clear the land and bring their family members to settle down so that it became a small hamlet with a population of approximately 200 people or around 40 households. Furthermore, in 1930 this small hamlet was inaugurated by the Dutch East Indies Government to become a village or village led by a village head, namely (deceased) R. Labada (Sevilla-Buitrago, 2012).The name of Tangkura Village was originally Tampoapu, which is the name of a small river that flows around the village. Because it was on the banks of this small river, the people of the Poencu village rested or stopped to cook when they went down to cook salt on the beach. Also, when they returned carrying salt, they had to relax and cook at that place, so parents or figures at that time named the river after Tampa Mpoapu, which means Cooking place.And that is why this village was named Tampoapu, which was later changed to Tangkura by taking the root word for Kura, Belanga.

Furthermore, due to the Japanese occupation in 1941, Poencu Village was abandoned by its inhabitants, some moved to Tangkura Village, and some moved to Sangginora Village. Since the village of Tangkura was inaugurated as a village, various tribes began to come to earn a living and even married women from the Pamona tribe village. Within a few years, Tangkura Village became the capital of the sub-district known as the Pebato District.In 1979, central government arrangements(Setyowati & Quist, 2022), part of the Tangkura Village area was made a transmigration settlement from the islands of Java and Bali, namely Padalembara, which is now one of the nine villages in the Poso Pesisir Selatan sub-district.

Tangkura Village is located in the heart of Poso Pesisir Selatan, with an area of approximately 2,254 Km2 or 88.66 Ha, covered by mountains, hills, and slopes.The boundaries of Tangkura Village are Dewua Village to the south, Malitu Village to the east, Patiwunga Village to the north, Patiwunga Village to the west, and East Lore District to the west. The distance between Tangkura Village and the district capital is 21 Km, and the provincial capital is 243 Km.The majority of residents of Tangkura Village are the Pamona tribe, also known as Pamona Pebato, based on the history of their origins. Therefore, the customs carried out in Tangkura Village are the Pamona Pebato customs(Himmi et al., 2014).

Formation of Village Traditional Institutions

Customary law has been in force since the beginning of the settlement of a group of residents who later formed a village called Tangkura. Formal institutions were created to regulate social life with the expected values and norms of the Pamona tribe. Traditional Pamona people will be directly bound by conventional values from birth because of the formal ties attached to parents through a traditional wedding procession. In Pamona’s customary provisions, all the conditions a married couple meets will affect their children’s rights and obligations when they marry. The conditions in question are all the completeness of the Pamona traditional wedding procession in the form of objects (Roestamy et al., 2022).

The Tangkura Village Customary Institution was formed after it was inaugurated as a village only through deliberations between the village government and the community. The selected members of the village’s customary institution can understand and implement Pomona’s typical values. Based on the provisions of the Minister of Home Affairs Regulation number 18 of 2018 concerning Village Community Institutions and Village Customary Institutions, Article 9 paragraph (1) states that the Village Government and Village Communities can form LAD. In paragraph (2), several requirements must be met by LAD. The conditions referred to are based on Pancasila and the law. Developing typical values that do not conflict with human rights, being domiciled in a local village, being helpful and needed, having permanent management, having a permanent secretariat, and not being affiliated with a political party.

Tangkura LAD members currently number 5 (five) people starting from 2022 after being reduced based on the consideration of the village government from the previous number of 7 (seven) people. The reason for the Tangkura village government’s policy of reducing LAD membership is based on budgetary considerations to support the operations of each LAD member. The honorarium from the village government for LAD members is relatively new because in carrying out their duties so far, LAD manages funds independently(Arifin et al., 2020). Pamona’s traditional values and norms that apply in Tangkura Village have experienced cultural adaptation in terms of governance entities where LAD’s role is reduced after being formalized as a village. The existence of LAD is very beneficial, especially in managing community order and resolving disputes and other social issues if needed by the village government. It can be ensured that the customs maintained are by Pancasila and applicable laws and do not conflict with human rights (Fossati et al., 2020).

Domiciled in Tangkura Village with permanent management and changes can be made according to the agreement of the village government in deliberations with the community. Still, LAD does not yet have a permanent secretariat. Services to the community can be carried out at the village office and the homes of active LAD members. Some LAD members are administrators of political parties in Tangkura Village and Poso Pesisir Selatan District, but with the community’s trust and the recognition of LAD officials not to be contaminated or affiliated with political parties (Habib et al., 2017)so that they can carry out their duties.

Duties and Functions of Village Traditional Institution

The Task of Village Traditional Institution

The dynamics of the times will bring changes without exception to customs. Adaptation to the development of science and technology dramatically determines the preservation of daily values in society. The story of civilization will be marked by sacrifices for a change in the value of people’s lives, apart from some areas that can maintain customs by minimizing social interaction. This limitation of social interaction aims to protect the community and business customs from external contamination.

The heterogeneous condition of the Tangkura Village community has undergone significant changes, including customs. Based on Permendagri number 18 of 2018 concerning LKD and LAD article 10 paragraph (1), it is stated that LAD is tasked with assisting the Village Government and as a partner in empowering(Arifudin et al., 2013), preserving and developing customs as a form of recognized of the customs of village tradition.The customs in question are part of the Tangkura Village community, specifically regarding values and practices to guide people’s behavior. Therefore, in line with Permendagri number 18 of 2018 concerning LKD and LAD, it shows Tangkura Village Customary Institution must carry out the marriage institution.

The Function of Village Traditional Institution

Permendagri Number 18 of 2018 Concerning LKD and LAD article 10 paragraph (2) states several functions of LAD, including (a) protecting cultural identity and traditional rights of indigenous and tribal peoples including birth, death, marriage and elements of kinship other; (b) preserving customary rights , communal land, customary forests, and treasures and/or to wealth _custom other for source of livelihood for residents sustainability circle n brolife, and overcoming poverty in the village; (c) developing consensus deliberations for decision-making in Village meetings; (d) develop the value of laicustomcustomsdal a m settlement of inheritance disputes , land and conflict in human interaction; (e) development customary values customs for u kpeace, tranquility and order in the Village community; (f) develop mark custom Forgoatan health, public education, arts and culture yes ,environment, and others; and (g) developing cooperation with other LADs (Damastuti & de Groot, 2017).

The Pamona tribe adheres to a patrilineal kinship system, a system of descent drawn according to the father’s birth line (Fernandez et al., 2015).Based on this kinship system, each descendant of the Pamona tribe will inherit the clan from the father. There are no more certain ceremonies or rituals for an event of birth or death(Walsh, 2020).All of them have followed the religious provisions of each society. If you look at the historical evidence in the old village (Poencu), the place of origin of the people of Tangkura Village, you will find human bones lying on the ground in a stone cave. The situation proves that the procession for death differed from those currently carried out based on religious provisions.

The tradition that is still maintained is “traditional marriage, ” considered an original cultural heritage of the Pamona tribe. The terms of this marriage tradition it has adapted to the conditions of society without reducing the meaning of customs. This marriage custom is optional for the people of Tangkura Village. Freedom to choose with the consequence that when carrying out a traditional Pamona wedding, it directly states a willingness to follow the provisions of applicable customs (Himawan, 2019). Tangkura Village does not have certain customary rights, customary land, customary forest, or property and wealth customs(Mehring et al., 2011).There is no other, so it is ensured that the Village Customary Institution no longer regulates matters that intersect with the livelihoods of residents, sustainability circle, life, or responsible for overcoming poverty in the village(Krishna et al., 2017).

In carrying out its functions, it always prioritizes deliberation for an agreement which is the basis of its existence. Intra-LAD considerations involve decision-making by members of traditional institutions, while in village deliberations, the involvement of LAD is very active as a partner of the village government. In resolving disputes over land inheritance and conflicts in community interactions, it is always mediated by LAD as an early stage of action in Tangkura Village’s typical values. The existence of LAD to create peace, tranquility, and public order is very intense. As far as possible, LAD’s hope in each of the problems mentioned above is to obtain a settlement point with the best solution so there is no need to proceed to formal law. Development mark customs for health, public education, arts and culture, and the environment is no longer visible in LAD’s role. Community health and education activities in Tangkura Village are taking place as they should, and government regulations implement the program. In the past, there was a collaboration between LAD and the organizers of primary education in Tangkura Village to develop the talents of elementary school students through bamboo music.

Furthermore, related to the development of arts and culture requires the active role of LAD in empowering the community to preserve cultural heritage.Bamboo music has not been seen in the last two decades, along with several indigenous peoples’ games that were previously performed in celebrations of certain holidays but are no longer seen.The torompio, Moende, and Karambangan dances had started to fade(Soedijarto et al., 1980).LAD’s collaboration with other traditional institutions can be seen in forming the District Traditional Institution (LAK) board, whose members are LAD representatives in the administrative area of PosoPesisir Selatan District. This LAK is to establish unity between LADs and coordination for routine activities within the sub-district.

Village Traditional Institution Work Relations

The existence of Village Customary Institution is expected to become a partner of the village government in increasing community participation in administering village governance, realizing village development programs, and supporting the smooth running of services to the community. Implementing government affairs in the system of government of the Unitary State of the Republic of Indonesia always considers the conditions of a pluralistic society so that it does not conflict with the interests of the community. Implementation of development programs with the spirit of improving the quality of life of village communities is developed with a participatory concept based on efficiency and effectiveness.

The village government is the village head, and village officials assist in administering village administration. Based on Permendagri Number 18 of 2018 concerning LKD and LAD, it is stated that the working relationship between the Village Customary Institution and the Village Government is a partnership relationship. In government affairs in Tangkura Village, the Village Customary Institution is always involved in the decision-making process through village meetings. LAD can provide consideration to represent the community from a traditional perspective. The Village Consultative Body (BPD) is an institution that carries out government functions in the village whose members are community representatives in the village area concerned and are democratically elected(Bebbington et al., 2006).The working relationship between LAD and BPD is consultative, which means that there is an effort to equalize perceptions in carrying out the duties and functions according to their respective authorities. This working relationship is only often seen in deliberation in Tangkura Village, apart from very rare considerations. The cooperation happens because each institution, both LAD and BPD, is focused on the duties and functions of the institution itself and has not actively developed activities to support governance, development, or community empowerment.

Village Community Institutions (LKD) are village government partners that are a forum for community participants who participate in planning, implementing, and supervising the development and support of improving services to village communities (Irwansyah, 2020).There are several LKD in Tangkura Village, including Neighborhood Association (RT), Community Association (RW), Hamlet Management, Family Welfare Empowerment (PKK), Youth Organization, Integrated Service Post (Posyandu), and Community Empowerment Institution (LPM).There is rarely coordination in carrying out the tasks and functions between LKD and LAD because these two institutions communicate more directly with the village government.

CONCLUSIONS AND RECOMMENDATIONS

Conclusion

The existence of Tangkura Village Traditional Institutions based on Minister of Home Affairs Regulation Number 18 of 2018 concerning Village Community Institutions and Village Traditional Institutions can be seen from 3 (three) indicators, namely formation, duties and functions, and work relations.

The Tangkura Village Customary Institution was formed through village government and community meetings by the provisions of Pancasila and the 1945 Constitution. Since the construction of the LAD until now, there has not been a permanent secretariat, and Village Regulations or LAD Regulations in carrying out their duties do not yet exist. The obligations and functions of the Tangkura Village Traditional Institution are still seen in organizing traditional wedding processions (Pamona, Poso) and developing typical values in realizing community social order and resolving community interaction conflicts. LAD’s efforts are no longer seen in health, education, and arts and cultural development activities. The partnership between LAD and the village government and the coordinative relationship with the Village Community Institutions can be seen in every deliberation for consensus.

Recommendation

There are several suggestions in this research, namely:

1. The Tangkura Village Customary Institution needs action to revive the traditional customs as the original heritage of the Pamona tribe in Tangkura Village.
2. The Tangkura Village Government encourages increased empowerment of Village Traditional Institutions through Village Regulations.
3. The active role of academics in observing and coaching the potential areas of customs as a form of preserving national culture should be maximized.

ACKNOWLEDGEMENT

The author would like to thank the Faculty of Social and Political Sciences dean and the Coordinator of the Public Administration Study Program at Tadulako University. The Tangkura Village Government, as the Tangkura Village Head, the Village Traditional Institute and the Tangkura Village community, and all parties who have contributed to the research.

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