CUSTOM AS A CRITICAL CONCEPT AND SIRI’ AS THE CORE CONCEPT OF UGI-MANGKASARA CULTURE

Abstrak. This study aims to understand custom as a key concept and siri’ as the core concept of Ugi-Mangkasara Culture based on a legal anthropological perspective. This study uses a normative approach that focuses on tracing the history of customary law related to the object of the problem. The object of study in this research is documents and manuscripts about Ugi-Mangkasara culture. The analysis used is a qualitative analysis based on the perspective of legal anthropology, so that the object of study can be interpreted and described in a narrative form. The study results show that custom as a key concept and siri’ as the core concept of Ugi-Mangkasara culture is a product of the culture of the UgiMangkasara human child, which is full of values from various dimensions as the identity of the Ugi-Mangkasara human child. For Ugi-Mangkasara human children, respecting customs is a social obligation of the culture owner. Enforcing siri’ is respect for self-respect and human dignity. The values contained in the UgiMangkasara culture can be used as a spirit for human children who own the culture in particular and in general for Indonesian children as part of the Ugi-Mangkasara tribe.


INTRODUCTION
One of the value systems that has become a sharp focus in legal studies is culture. From there, Lawrence M. Friedman, in constructing the theory of the legal system, has made the element of culture one of the three elements of the legal system, which he highlighted from a sociological perspective. 1 Likewise, Soerjono Soekanto, in debating the factors that affect the effectiveness of the law, the element of culture is used as one element that has an influence juxtaposed with other elements. 2 Culture is considered essential and has a value of urgency in studying legal problems. Fundamental values cause cultural positions such as the quality of local 1 wisdom in a human community, which can be a benchmark for the identity of a tribe, tribe, and human nation. Therefore, it is natural that culture is seen as having urgency when faced with legal issues.
With the construction of a legal theory about living law, Friedrich Karl von Savigny views law as a cultural product. 3 The law lives as long as there are activities of human society. In this case, the Volksgeist is the soul and heart of the people in their social and cultural community.
As a result of the work, creativity, taste, and initiative of humans in the awareness of social life, culture always contains and invites good and positive meanings in the philosophical dimension. It is not outdated to study or explore its values. Likewise, Ugi-Mangkasara cultural values reside in the recesses of human life who inhabit and spread across the peninsula of South and West Sulawesi and other regions or countries where they are overseas.
Ugi-Mangkasara is people, tribes, ethnicities, and some even call it a nation who were found to live inhabiting the Sulawesi Peninsula, which was initially a community in the form of clans, then grew and developed dynamically and historically with the accompaniment the rhythm of civilization of his era in the past, present and prospective in the future. Ugi-Mangkasara is used as terminology that represents the tribes, ethnicities found inhabiting the peninsula of South Sulawesi as its geographical area. The terminology represents four major ethnic groups, namely the Ugi ethnicity (To Ugi), the Luwu ethnicity (To Luwu), the Mangkasara ethnicity (To Mangkasa/ Mangkasara), the Toraja ethnicity (To Raja), and the Mandar ethnicity (To Menrre'). 4 Furthermore, R. A. Kern, in his work entitled "I La Galigo: Cerita Bugis," stated that initially, he came from the To Ugi ethnic group, which was gathered from To Ogi/ Ugi Luwu,To Ugi Mangkasara,To Ugi Toraja,To Ugi Mandar/Ugi Menre'. 5 By him in this century, then popularly called the Ugi-Mangkasara merchant. 6 Ugi-Mangkasara cultural values reflect the quality of identity from the fundamental values of Ugi-Mangkasara ethnicity. Such conditions mean that philosophically cultural values are deeply engraved in the hearts of Ugi-Mangkasara human children in the past and hopefully in the present and the future. Cultural values are intended to have imbued life in custom, which is formally institutionalized with Customary Law as a shared obligation to uphold, respect, and uphold selflessness and favoritism (Pangadeereng/ Pangaddakkang). Pangadeereng's custom is maintained with and by his human dignity in the form of awareness of dignity, respect, and high self-esteem, namely "siri'". 3 Hadi, S. (2017). Hukum Positif dan The Living Law (Eksistensi dan Keberlakuannya dalam Masyarakat). DIH: Jurnal Ilmu Hukum,13(26), p. 262. From the description above, the purpose of this research is to understand custom as a key concept and siri' as the core concept of Ugi-Mangkasara Culture based on a legal anthropological perspective.

METHOD
This research uses a normative approach (legal study) that focuses on tracing the history of customary law related to the object of the problem. The object of study in this research is documents and manuscripts about Ugi-Mangkasara culture. The analysis used is a qualitative analysis based on the perspective of legal anthropology so that the object of study can be interpreted and described in a narrative form. 7

A. Ugi-Mangkasara Culture
Exploration of traces of Ugi-Mangkasara human culture in the past found values that resided in the law that needed to be further revealed and revived as a way of life. Efforts to reveal and revive these indwelling values are increasingly important when the nation's generation experiences dimming of laws and governance, the erosion of statesmanship, and the rise of government and social problems.
Nurul Qamar said that siri' is a spirit to raise legal values in the culture. Furthermore, siri' is not interpreted in terms of shame, but siri' in the true sense, namely dignity, self-respect, and honour for individual humans and society with human values. As for the value of humanity based on siri', in which the virtue values are concluded, among others: 8 As mentioned above, cultural values are the local wisdom of the Ugi-Mangkasara human child. In this case, one's soul is in line with religious teachings' guidance, especially from revealed or divine religions. In addition, as creatures and creations, both individually and collectively, they must have the dignity and worth as a human of hope. 9 Furthermore, The values of Ugi-Mangkasara local wisdom contain philosophical values and various value dimensions that are full of supporting human identity and dignity as human beings, which in this case are ethical, aesthetic, and moral values. 10 If we dig deeper and deeper, we will find more values of local wisdom that reside in the culture of the Ugi-Mangkasara people besides the twelve mentioned above, such as: Cultural values, as the value of Ugi-Mangkasara local wisdom mentioned above, are only a tiny part of the many values contained in the culture of Ugi-Mangkasara human children (Bugis, Makassar, Luwu, Mandar, Toraja), which need to be explored wisely so that they can be revealed as sparks of thought and behavior of Ugi-Mangkasara children today and for future generations. 11 Respect for custom and enforcement of Customary Law as Pangadeereng/ Pangaddakkang his breath is siri'. For this reason, it is necessary to understand the meaning of pangadeereng and siri' in the context of the owner of the culture, namely the Ugi-Mangkasara human child.
One of the cultural values that the Ugi-Mangkasara human civilization has inherited is the law. Not limited to the law in the sense of regulation, but the law in its broadest sense, which in Ugi-Mangkasara language is known as Pangadeereng/ Pangaddakkang terminology, the law in its meaning as a conceptual system, normative value system, and social value system, which is supported or protected with siri'.
In addition to the above, it is also found the values of wisdom in the field of politics and a democratic system of government "Assiturusseng" (togetherness), elonameneng taumegae (general will/majority idee), tudang sipulung (deliberation), taroi ada nataro gau (what has been discussed). Spoken/decided then that is what he did). Ade'emitu na to Tau. Actions are more important and valuable than whoever did them.
From a historical and cultural perspective, a custom which was later institutionalized into Customary Law (Adatrecht) which was subsequently accumulated as a general obligation of the community to respect, uphold and enforce it as Pangadeereng/Pangaddakkang (conceptually system, value system, norm system) was originally a general habit (assamaturusseng), some of which have been institutionalized and or formalized to gain legitimacy and validity, and the supremacy of enforcement. 12 In the movement of civilization, it has received a tremendous and strong influence from Islamic Law as a new religion that he adhered to in the range of the XIV century, which was partial, but entered the early XVII century (The year 1605), which three sheikhs introduced, the Mufti of the Veranda of Mecca (Aceh) was famous for his the names of Datuk Patimang, Datuk Ribandang, and Datuk Ditiro. In the morning (Friday), the King of Gowa also said the sentence Sahadat as a pledge to embrace Islam as the official religion of the King and the subject of the King of the Kingdom of Gowa. The first Friday prayer in Ugi-Mangkasara. Gowa and Tallo later became twin kingdoms (two in-state) to become the Makassar Kingdom, where the King of Gowa held the banner of the Makassar Islamic Kingdom in spreading Islamic broadcasts in the Ugi-Mangkasara peninsula. 13 The adoption of Islam by the King and the totality of the people of the Makassar Kingdom led to the evolutionary infiltration of sharia law (Islamic law) into customary law so that gradually Islamic law was accepted as law for Ugi-Mangkasara people.
Furthermore, as explained above, the acceptance of Islamic law is because Islamic law does not prohibit and abolish customary law. However, customary law that does not conflict with sharia is still strengthened by established principles based on sharia, sharia-based on the Book of God. It is increasingly difficult to draw a dividing line between customary law and Islamic law in its development. Some argue that customary law is the law that exists in the people of the Nusantara (Ugi-Mangkasara). However, some argue that it is not customary law but Islamic law. 14 12 Farid, A. Z. A. (1983). Persepsi Orang Bugis Makassar tentang Hukum, Negara dan Dunia Luar. Bandung: PT. Alumni, p. 126. See also Haar, B. t. (2011). Asas-Asas dan Susunan Hukum Adat (Trans. by Freddy Tengker). Bandung: CV. Mandar Maju; Vollenhoven, C. v. (1934). Staatsrecht Overzee. Laiden: Stenfert Kroese; Soepomo, R. (1970). Hubungan Individu dan Masyarakat dalam Hukum Adat. Jakarta: PT. Pradnya Paramita; Soekanto, S., et al. (1984). Antropologi Hukum: Proses Pengembangan Ilmu Hukum Adat. Jakarta: Rajawali Pers. 13 Mattulada. The application of Islamic law in Butta Tana Ugi-Mangkasara is proven and undeniable by implementing the Islamic social law system and its institutions in a broad sense, including the judiciary led by Qadhi (Islamic court), which the Colonial called the indigenous judiciary (Landsraads). 17 Along with the development of Islamic law in the land of Ugi-Mangkasara, then around the end of the seventeenth century in the peninsula of Sulawesi, the land of the children of Ugi-Mangkasara, there were uninvited guests, namely foreigners from Portugal, England, and the Netherlands. Portugal, England are dominant in economic interests, while the Netherlands, in addition to economic interests, are also political interests.
In realizing economic interests, the Netherlands emphasized political interests. They intended to annex the totality (complex) of absolute power, namely political and economic power, and succeed.
Furthermore, in strengthening its position as a colonial nation, the Dutch carried out a social-dividing policy by stratifying the social class structure of the Ugi-Mangkasara human society into the structure of blue blood (nobles) and ordinary blood (non-aristocrats). Then the social class of society into European, Eastern Foreign, and Indigenous groups. Maybe it is not an exaggeration to call this barbaric. Domein and eigenaar holders (Ugi-Mangkasara children) are classified in the lowest strata of society. 18 The Netherlands also enforced its law, namely the natural law of its country, namely Continental European Law (civil law system), as exclusive law for the colonial nation. The enactment of Continental European Law was very repressive, especially those related to Dutch Colonial political interests.
Implementing the repressive Dutch colonial legal politics impacted the legal system adopted by the Ugi-Mangkasara natives. That means that Western Law has infiltrated the indigenous legal system (Ugi-Mangkasara) but not in its totality form, but only in the form of its formal legal method. That means that the ruler, namely the colonizer, recognizes the law that applies socially. Such a legal method prioritizes the formal aspects behind the substantial. 15 Thalib, S. (1980) Qamar, N., et al. (2018). Op. Cit.,p. 8. 18 Ibid., p. 9. This way of applying the law seems to have influenced the minds of a few indigenous children who are pretentiously modern but betray the nature of the law itself as a means to provide substantive services to human values. Ironically, after the indigenous people of the archipelago, including the Ugi-Mangkasara, were released from the shackles of colonial oppression, they firmly stated that they inherited the way of governing the colonized nation by confirming it through the principle of concordance. So the way our country's laws are getting blurry.

B. Custom as a Critical Concept
Custom (Ade') in Ugi-Mangkasara culture is a key concept. It is said so because it has social, ethical, and moral values (more social). From this custom was born the Ugi-Mangkasara community, the To Ugi Mangkasara tribe (Ugi Luwu, Ugi Menre', Ugi Toraja), who are civilized and in their civilized consciousness contain the values that give birth to customary law (adatrecht) as assisamaturusseng, the will of the majority (majority idee).
Custom is a social value system with a moral dimension (social mores). However, not all customs are laws. However, all laws are included in the customary circle. Custom is the domain of public social, moral ethics. At the same time, customary law is a normative value system that has a coercive priority as a sociopolitical choice of the community by getting reinforcement from customary stakeholders.
On that basis, custom is grouped or classified into several forms: 19 1. Big custom; 2. Fixed customs; 3. The custom of propriety; 4. Customary distinction; 5. The custom of impersonation.
The five types of customs are included in Lontarak as part of the Pangadeereng/Pangaddakkang (normative custom), which binds the public. 19 This customary system is a binding normative value for Ugi-Mangkasara human children.

C. Considerations and Decisions of the Constitutional Court's Decision on the Petitioner's Application
Siri' is said to be the core concept of Ugi-Mangkasara culture because siri' is a package of dignity and self-esteem for the people who respect Ugi-Mangkasara culture. The implementation of siri' in the scope of speech and action in Ugi-Mangkasara culture includes: 20

Siri'mitu na to Tau
Only by respecting and upholding the dignity and worth of human values can humans be given the title as human beings.

Ada mappabati sadda, sadda mappabati gau, gau mappabati tau, gau-gaumitu na to tau
Words signify sound, sound signify behavior, behavior signifies human, simply because one's actions can be said to be human.

Nareko' dena gaga siri'mu, inreng-inrengno siri', nasaba denatu gaga angkemu nareko' dena siri'mu
If you no longer have dignity and worth, then it is not wrong for you to follow the dignity of others, because if you don't, then it is meaningless for you to live in this world. You are like a human who is no longer human

Siri' namasiri'
Humans who maintain their dignity as humans in speaking and acting in real life.
Siri' is in Ugi-Mangkasara culture that supports human values and all supporting value systems that have led the Ugi-Mangkasara ethnicity to be known not only in their own country, Tana Ugi Mangkasara but on the national stage and even in the international world, especially in other countries. Indonesia's neighbouring countries. For example, the late Sheikh Yusuf is known and remembered in Cape Town, South Africa. Furthermore, Ugi-Mangkasara's cultural values must be fortified with siri'. Otherwise, there will be cultural decadence of the owner of the culture, so there is no guarantee to continue to exist because of the cause of value distortion. Pangadeereng (Ugi) and or Pangadddakkang (Mangkasara) only exist if the community's siri' values are upheld. If siri' is no longer respected, then customs and customary law will no longer exist.
A. Zainal Abidin Farid, in one of his papers on "Bugis Cultural Values", describes at length the issue of siri' which is interesting to observe for us and those 20 Ibid., hlm. 74. who still claim to be human children descended from Ugi-Mangkasara ancestors. Furthermore, A. Zainal Abidin Farid classified it into several parts, among others: 21

Siri'
A. Zainal Abidin Farid said about siri' by saying that: 22 "Siri' is a socio-cultural and personality value system which is an institution to maintain self-esteem and human dignity as individuals and members of society." In English, siri' means "honour", in Javanese "wirang", in Sundanese "pamali", in Balinese "jengga", in Sumatran "abstain". Siri' is universal, what distinguishes it from other nations and regions, lies in the reactions generated by the people.
If the siri 'ni pakasiri' is violated (humiliated), the Bugis, Makassar, Mandar, Toraja tribes will act and can kill what is at stake (kill). According to A. Zainal Abidin Farid, this is against Modern Criminal Law (he said), because siri' includes premeditated murder, the sentence is death or life imprisonment, at least 20 (twenty) years in prison. 23 For the Bugis, Makassarese, Toraja, and Mandar people, this is difficult to understand, because it contradicts the sir'i value system they adhere to. As for one example case regarding the problem of siri 'ni pakasiri' as follows: Someone had killed his brother-in-law who had two children because he had been ni pakasiri' (humiliated). He was arrested and brought to justice. All of the judges who presided over the trial not Ugi-Mangkasara people, so understanding of siri' was minimal. Furthermore, the following is the conversation between the judge and the defendant at the trial: Judge : "You are accused of murder." Defendant : "That's right.

Judge
: "You can be sentenced to death." Defendant : "Please, Judge, the important thing is that I have returned to being a human. It is up to the judge how long the sentence will be." Judge : "Are there defenders accompanying you?" Defendant : "No, I don't want to use a defense, nor do I want to appeal the judge's decision later." When the judge came home, the judge then asked his Ugi-Mangkasara colleague. Judge : "Is siri' revenge?" Colleague : "No, siri' is the fulfillment of customary obligations to uphold human dignity." Judge : "Woe!" Dutch law says the accused should be sentenced to death. Customary law says, let go. But what applies is Dutch law.

Duties and Authorities of Supervisors
Siri 'Masiri' is a person who always feels like he has failed in his various endeavors, including failing in the competition for a position or position. A. Zainal Abidin Farid gave an example of the siri 'masiri' problem in the case of Tun Abdul Razak's ancestor, Karaeng Aji. He always struggled in Gowa to achieve a position but always failed, defeated by his family. Then Siri 'masiri' threw himself, first to the land of Johor, then moved to Pahang, where he was appointed as the first syahbandar. Then, perhaps, he ordered his son: "Hey, let us leave the Ugi-Mangkasara lands because of siri'. We do not sell it in our village. Now there must be our descendants who will hold the pinnacle of power in this country (Malaysia)." That is about siri' which is the core concept of self-esteem and human dignity of Ugi-Mangkasara children, which is the basis, benchmark, and spirit in every struggle for life in all its aspects.

CONCLUSIONS AND SUGGESTIONS
Custom as a key concept and siri' as the core concept of Ugi-Mangkasara culture is a product of Ugi-Mangkasara culture, which is full of values from various dimensions as the identity of Ugi-Mangkasara children. For Ugi-Mangkasara human children, respecting customs is a social obligation of cultural owners. Enforcing siri' is respect for self-respect and human dignity. The values contained in the Ugi-Mangkasara culture can be used as a spirit for human children who have this culture in particular and in general for Indonesian children as part of the Ugi-Mangkasara tribe.