THE ROLE OF KAILI CUSTOMARY LAW IN RESOLVING CONFLICTS ARISING FROM HATE SPEECH AGAINST RELIGIOUS FIGURES
Kaili customary law in Central Sulawesi remains active and functions as a mechanism for resolving social conflicts, including cases of hate speech directed at religious figures. The urgency of this study stems from the case involving Gus Fuad, who in March 2025 made a statement deemed insulting to the founder of Alkhairaat, Guru Tua Sayyid Idrus bin Salim Al-Jufri; the matter was subsequently resolved through the Libu Potangara Nu Ada customary hearing, whereas academic studies regarding the application of Kaili customary law to hate speech remain very limited. This research aims to analyze the role of Kaili customary law in resolving the conflict arising from hate speech against a religious figure in the Gus Fuad case. Employing a socio-legal (juridical-empirical) method, the study was conducted in Palu City using literature reviews, in-depth interviews, and observations, with data analyzed through a descriptive-qualitative approach. The findings indicate that Kaili customary law plays a role through the imposition of givu sanctions on statements deemed to violate customary propriety (salambivi). The process begins with potangara nu ada to investigate the issue, followed by efforts to contact the relevant parties and a customary deliberation (nibu kodi) to determine the sanction. Salambivi and sambari tambolo sanctions are enacted through the ritual slaughter of an animal symbolizing the purging of negative behavior with the meat subsequently distributed to the community. This resolution reflects values of mutual respect, togetherness, and a balanced relationship between custom, religion, and the government (tonda talusi). Thus, Kaili customary law contributes to maintaining social order and preventing similar conflicts. However, customary resolution does not automatically preclude the possibility of pursuing legal action under positive law in accordance with applicable regulations.
Authors
- Nurhayati Sutan Nokoe (ORCID: https://orcid.org/0009-0009-7852-5257)
- Muhammad Ayyub Mubarak
- Cindra Gita
Institutions
- Tadulako University (ID)
Publication Details
- Journal
- Dusturiyah Jurnal Hukum Islam Perundang-undangan dan Pranata Sosial
- Published
- 2026-11-02
- DOI
- https://doi.org/10.22373/5j5z1n34
- Primary Topic
- Legal and Policy Analysis in Indonesia
- Type
- article
- Field-Weighted Citation Impact
- 0.00