JIPEN AS AN INSTRUMENT OF GENDER EQUALITY: The Resonance Of Dayak Customs In Sharia And National Law

This study stems from the reality of persistent gender inequality in Indonesia, marked by rising cases of violence against women, low economic participation, and political representation that has yet to reach the 30% quota. Amid these challenges, the Dayak Ngaju community in Central Kalimantan possesses a customary mechanism called jipen that functions as an instrument of social restoration, protection of honor, and the enforcement of justice. This study aims to analyze the role of jipen in Dayak customary law, Sharia law, and national law as an instrument of gender equality. This is a qualitative study employing an ethnographic and case study approach, utilizing in-depth interviews, participatory observation, and documentary analysis of local regulations and customary law texts. The research findings indicate that jipen aligns with the principles of maqashid al-shariah (hifz al-‘ird and ‘adl) as well as the spirit of restorative justice in national law, particularly Article 18B(2) of the 1945 Constitution and the Law on Sexual Violence Crimes. Thus, jipen can be positioned as a bridge between local wisdom, sharia, and national law, while also supporting the global agenda of Sustainable Development Goal (SDG) 5 on gender equality. This study offers a conceptual framework for the integration of jipen as a more inclusive and responsive alternative for resolving cases based on customary law that addresses the needs of indigenous communities.