The Concept of Bender Kabbi Potrang Kabbi as a Value of Justice in Resolving Maduran Family Disputes

Abstract

Madurese society holds a philosophy of Bender Kabbi Potrang Kabbi, meaning "the truth must be clear." This philosophy is alive in the practice of resolving family disputes outside the court. This study aims to analyze how the value of Bender Kabbi Potrang Kabbi is implemented as a value of justice in resolving Madurese family disputes. Using a qualitative method with a legal anthropology approach, data were obtained from interviews with 12 informants: Mak Embi', Kiai, PA Judges, and families in Pamekasan, Sumenep, and Sampang, as well as a study of PA decision documents. The results indicate that Bender Kabbi Potrang Kabbi contains three values of justice: (1) Procedural Justice: transparency and openness of evidence in the family Remmo’ forum; (2) Substantive Justice: decisions must be in accordance with Maqashid Syariah, namely hifz al-nasl and hifz al-mal; and (3) Restorative Justice: prioritizing peace and restoring family relationships. This value serves as a bridge between customary law, Islamic law, and state law. Current challenges include migration, digitalization of evidence, and limited regeneration of community leaders. The recommendation is to formalize customary mediation within PERMA and strengthen the role of the KUA.