SOCIAL CONFLICT SETTLEMENT THROUGH REGULATION OF SURAT TUMBAGA HOLING IN BATAK ANGKOLA SOCIETY

The main purpose of this research is to find the law setting model in preventing the social conflict through the regulation of Surat Tumbaga Holing in batak Angkola society. While the problem in this research is how the preventing model and settlement procedure of social conflict through regulation of Surat Tumbaha Holing. This research is using the empirical juridical research method. The reseach shows that the model of preventing social conflict based on regulation of Surat Tembaga Holing are settle by using: Sipaingot, Pastak-Pastak ni Paradaton, Uhum dohot Patik, Hapantunon, Tutur dohot Poda, Marga, Dalihan na Tolu, Martahi, Mangupa. This model used by batak society in order to solve the social conflict, so the potential of conflict that exist can be muted.


Introduction
It cannot be denied that in Indonesia there have been many social conflicts involving the society group and other society groups such as: the conflict between society, the civil war in Ambon (1998), Poso (starting in 1998), North Maluku (2000) and others.The majority of the problems arise, because the stems on less firm, fair and benefical material legal regulation on the prevention and handling of social conflict are felt by the society during this time.It can not be denied that the society lives in North Su-matra often face the trials and challenges, such as the explosion of bombs in places of worship.Not only that, the dispute between youth of different religions and tribes also occur in various places.
Most of these events, can be overcome and prevent by society through the institution of Surat Tumbaga Holing, so it does not lead to a prolonged conflict, nor to lead to new conflicts in society.Because in the concept of intitution Surat Tumbaga Holing, all member of society, there must be a familial relationship between one of the three elements of family embodied in intitution of Surat Tumbaga Holing namely: Mora (all the families who came from the in-laws), Kahanggi (all the descendants of the family or relatives of the paternal relationship), and Anak boru (all the family of the law).According to the institution of Surat Tumbaga Holing that Mora will dote on, take heart and encouraging Anak Boru.Otherwise, Anak Boru will respect, obey and uphold the dignity of their Mora.While the Kahanggi kept their heart so do not be offended.Therefore, if there are mistakes from Kahanggi or Anak Boru to their Mora, usually Mora will quickly forgive them, because they play as a guardian and protector of their Anak Boru and Kahanggi. 1 The third elements of the family above synergize in maintaining peaceful conditions in their environment, absorbing the various actions which have the potential to tringger social conflict.In addition, they also have consultation system and procedures to prevent social conflict.
Indonesian nation is a great nation which has a cultural diversity.Every culture has its own wisdoms in addressing the problems faced life, including wisdom in solving the conflict. 2raditions and local wisdom that still exist and prevail in society, pottentially to be able to encourage the desire to live in harmony and peace.It is because local tradition wisdom essentially teaches peace with each other, the environment, and the God. 3

Problems
Based on the introduction above, this article will discuss about: first, How social conflict prevention models through of the institu-

Research Method
The research method is empirical legal research, which is implemented or executed by members of the society. 4The problem examined concerns the real practices performed by Batak indigenous people through institution of Surat Tumbaga Holing in preventing social conflict.
The approach is using an anthropological approach (a science that studies the patterns of conflict and potential solutions in a simple society, and the people who are going through the process of growth and development) and sociolegal approach or juridical empirical approach, the approach to the reality of law society by studying the social phenomenon in society that the legal aspect is appear, considering the main problems are researched and studied in this research are: identification of customary law relating to the prevention of social conflicts carried out by Batak Custom of Angkola through the institution of Surat Tumbaga Holing, and the effectiveness of institution Surat Tumbaga Holing relating to the prevention of social conflicts carried out by Batak Custom of Angkola.

Social Conflict Settlement According to the Institution of Surat Tumbaga Holing in Batak Angkola Society
Batak Angkola Society's way in preventing social conflict that does not happen in the middle of society is already regulated through institution of Surat Tumbaga Holing contained in the rules below: first, Sipaingot, meaning the advices of parents or harajaon and hatobangan parties that the emphasis is on giving warnings about: actions that can and can not do; words can and can not be spoken; and attitude that should and should not be allowed.Second, Pastak-pastak ni Paradaton, meaning that the constrains are rules that should and should not be done in the middle of the community in a variety of areas of life.All rules that are restricting the behaviour of someone in the community is entered in the category pastak-pastak ni paradaton.such as: (1) "Olat ni dapur do anak boru, angkon di tonga do mo-ra, tu jae tu julu do kahanggi" means: the posi-tion and place for Anak Boru (daughter in law of the family) in the activities of Siriaon (an activi-ty that is joy) as well as customary events that are Siluluton (customary activities that are grief) is at the kitchen, while the position of Mora (family of the law) in each of the activi-ties of customs that are siriaon or shows that are siluluton is located in the living room or the main room, because they are pangidoan poda parties (the parties be consulted).Kahanggai (by blood) freely occupy the front, rear, outside the home; (2) "Mora do si suan bulu", it means: The mora parties who always planted bamboo trees in a village; and Three, "Manyur-duon burangir do mula ni pokat dohot pasam-peon tona", meaning: every start the implementation of deliberation and also conveyed an invitation in the implementation of the party, must be preceded by thrusting burangir (betel leaf) in advance before the harajaon parties (the royal family).
Third, Uhum dohot Patik.Uhum means legal and Patik means benchmarks or conditions.Uhum is a rule accompanied by sanctions, while Patik is a provision which is sometimes not accompanied by sanctions.In Uhum and Patik has been set on trending joints that guide the life of indigenous peoples in the act, saying, attitude, including in maintaining the security and public order.Fourth, Hapantunon, means that the various rhyme or proverb of Batak society that led to the ban to hurt others, the ban on defama-tion, and the ban on hostile.Instead advocated to implement harmony and togetherness, cooperation, mutual help and other good deeds.Hapantunon lead to the ban to hurt others, the ban on defamation, the ban on hostile.
Fifth, Tutur dohot Poda.Tutur, means that the call to another person familiarity according to blood ties, suckler bond or the bond of marriage.While Poda means advice or advice that aims to steer to the right path and avoid a false path.Each Tutur contains the moral, ethical, and moral values were very high spritual, so by practicing the meaning of each Tutur, certainly can maintain harmony and closeness in society.So that the various seeds of conflict will be resolved, without causing new conflicts or protracted conflicts.All moral values, ethics and morals contained in Tutur is became the core values that have a function to strengthen the relationship of brotherhood and avoid dissension and hostility.
Sixth, Marga, means Batak Angkola society grouping which aims to regulate marriage, so that the generation can be improved.To avoid collateral marriages happen, they make society groups in Marga.The main purpose establishing Marga by our ancestors other than to knowing a person's lineage, also intended to avoid a marriage with a person in one Marga.
Seventh, Dalihan na Tolu."Dalihan" means hearth for cooking, and "Tolu" means three.So there are three major groups within the Batak Custom of Angkola who working together, help each other, it's called: mora (all the families who came from parent in-laws), Kahanggi (all family or descendants that has blood relationship with father) and Anak Boru (all the family of the child in law).Dalihan na Tolu can be functioned to resolve social conflicts in Batak Angkola society.Because through this Dalihan na Tolu each person has a kinship with others who must fulfill their obligations and respect the rights of others.
Tabel 2. The type of Tutur in Batak society and the ethics contain.Eighth, Martahi (discussions).Martahi (discussions) is a means is used in resolving the conflicts in society, including the implementation of customs, both siriaon or siluluton.There are four levels of martahi, namely: Tahi Geleng-geleng or Tahi Ulu ni Tot is a discussion between husband and wife in the household; Tahi Sabagas or Tahi Keluarga is discussion between the descendant or close relative following his Anak Boru and mora as advisors led by which one the elders; Tahi Sahuta or compatriot is discussion among the descendants, Anak Boru, Pisang Raut (Anak Boru from Anak Boru), mora and raja pamusuk (the king who comes from a village); Tahi Godang was a discussion without the attendence of the three elements mentioned above plus the torbing balok kings (king Vol.16 No.2, May 2016 from other villages) or kings of the villages around, that led by a king.

Types of
Indeed, the type of social conflict among the people generally the same among the region to other regions, only the name and the completion is using different models.While the strategy that used by batak Angkola society to prevent social conflicts are as exposure to the following table 5. Yurika Dibba Destari Deiredja argues the customary communities are prefer to resolving disputes through discussion in order to achieve peace in the society.The use of discussion does not mean to deny the dispute resolution process through the traditional justice.According Wasisto Raharjo Jati, there are five vital role of local wisdom as a medium of religious conflict resolution, namely: First, local wisdom as a marker of identity of a community; Second, local wisdom itself provides the cohesive aspects such as adhesive element on interfaith, cross-citizens, and trust; Third, local wisdom as part of alternative conflict re-solution was more towards invites all parties to negotiate with utilizing emotional closeness and cultural; Fourth, Local wisdom has a func-tion to promote awakening of togetherness; Fifth, local wisdom will change mindsets and mutual relations of individuals and groups, with the laying on of culture which is owned. 6arifan Lokal Melalui Jalur Mediasi", Zenit, Vol. 2, No. 2, August 2013, Bandung: Universitas Islam Bandung, page 142.

Social Conflict Resolution Procedures which multidimensional in Batak Indigenous Peo-ples
Multicultural is potentially causing conflicts that could threaten the national integration, because it creates conflict among ethnic, inter-religious, inter-racial and inter-group that is highly sensitive and vulnerable to a state which lead to disintegration of the nation.This phenomenon may occur, if the conflict is not controlled and resolved wisely. 7n the event of conflict in Batak society then the way to resolve it is done by using the following procedure:8 First, Reception reporting, either: There is a report from the public of the existence of social conflicts; There is a report from the parties; or There is a report from family representatives of both parties.Second, the Hatobangon, harajaon and community representatives of Dalihan na Tolu called the parents of both parties in conflict.Third, the calling of the parties who are experiencing social conflicts separately to ask information about: The source causing the conflict; Provide advice in order to resolve the conflict; Provide an alternative to be taken; and/ or provide a spiritual advice.Fourth, the calling of the parties at the same time with a view: Listening to the statements of the parties; Listening to the statements of the parents of both parties; Listening to testimony from the parties who has followed the conflict; Mediate between the parties; and provide a grace period to think.Fifth, Do discussion in the House of Batak Angkola after a grace period of 2 weeks from the calling of dispute parties.Sixth, Giving the final verdict.There are five alternatives verdict issued, namely: peace, fines/ restitution, sappal dila (invite the whole villagers to slaughter a goat or a cow / calf with the intention to apologize to the whole of invitation), expelled from village, or dibondarkon 7 Ohni Najwan, "Konflik antar Budaya, Konflik antar Etnis, Alternatif Penyelesaiannya", Jurnal Ilmu Hukum, Vol.  16, Special Edition, October 2014, Jambi, Faculty of  Law Universitas Jambi, page.195.(not involved in every cultural activities, both siriaon or siluluton).
There are some cases of social conflicts resolved in the middle of Batak society as a description in the following table.
All the dispute settlement procedure that has been described above is a procedure that is considered to bring fairness, certainty and benefits to indigenous peoples.More details can be seen in the following table.The  15) of Law No. 7 of 2012 states that traditional institution is an institution that was born from respected traditional values, recognized and adhered by the people, then the provisions of Article 2 point "J" explained that the handling of the conflict reflect the principle of local wisdom (conflict management should pay attention to the values of life and well respected in the community).Then in Article 9 point "g" is mentioned that the government and local government is obliged to reduce the potential conflicts in society by preserving the values of Pancasila and local wisdom.
Johni Najwan mention that an alternative way to resolve the conflict between cultural and inter-ethnic conflict in Indonesia is needed a deeper understanding of the function and role of law in society which multi-cultural and multiethnic.Dedi Kurniawan and Abdul Syani mention that the settlement of the conflict can be done in a way realigning the disputes that occur.Good communication is the most important way to be done to make the existing conflicts can be solved and worked out well.rate in the prevention of social conflicts by utilizing customary/ traditional law, because the material is observed, practiced and respected.
In addition, preferably the settlement of the social conflict must still make use traditional institution, customary/ traditional law or local wisdom, by not ignoring the legislation that applies, so that the conflict can be solved well, wise and prudent.
provisions of Article 41 Paragraph (1) Law No. 7 Year 2012 concerning The Handling of Social Conflicts mentions that the settlement conflict by the Government and Local Government with giving priority to the Traditional Institution and/or the Social Institution existing and recognized.In paragraph (2) stated that the Government and the Local Government recognize the results of settlement conflict through the mechanism of Traditional Institution and / or the Social Institution.Then Paragraph (3) states that the agreement through the mechanism settlement conflict Traditional Institution and/ or the Social Institution as referred to in Paragraph (1) has binding force for community groups involved in the conflict.Article 1 Paragraph (

Holing
can be reached by: Sipaingot, Pastak-ni pastak Paradaton, Uhum dohot Patik, Hapantunon, Tutur dohot Poda, Marga, Dalihan na Tolu, Martahi, and Mangupa.All these models are used by Batak society in resolving social conflicts which multi-dimensional, so the potential for conflict is muted and if there had been conflicts can be resolved properly and wisely; The settlement way is using the following procedure: Acceptance of reporting, the Hatobangon, harajaon and Dalihan na Tolu community representatives call the parents of both parties, calling the parties separately for ask some information, calling the parties together, conducted discussion at House of Batak Society after a grace period of two weeks, giving the final decision.Suggestion Government, law enforcement officers and the public must work together and coope-10 Abraham Nurcahyo, Soebijantoro, Yudi Hartono,"Model Rekonsiliasi Kultural untuk Mengatasi Konflik Sosial antar Perguruan Silat di Madiun", Jurnal Studi Sosial, Vol 6, No. 2 November 2014, Lampung: Faculty of Teacher Education Universitas Lampung, page 71.
Tumbaga Holing in Batak Custom of Angkola in North Sumatra?

Table 3 .
Comparison data using the institution of Surat Tumbaga Holing with the State Court for resolving social conflicts in society for Batak Angkola society in Kabupaten Tapanuli Selatan in 2012-2014.

Table 5 .
The strategy of traditional leaders to prevent the social conflicts of batak Angkola society in South Tapanuli district Source: Primary Data 2015

Table 6 .
Types of Conflicts in Batak Angkola Society and Types of Sanctions in 2013