The Existence of Customary Law in Preserving Culture as a Tourism Attraction: A Study from Senaru Village, North Lombok, West Nusa Tenggara

This research addresses customary law's role in maintaining culture as a cultural tourism attraction in Senaru village. This study used a qualitative approach by interviewing three key informants responsible for implementing customary law in Senaru Village. This study concludes that customary law plays a significant role in maintaining the existence of culture as a cultural tourism attraction. The customary law of Senaru Village has solid legal principles, substance, structure, and sanctions and is still maintained by the Senaru Village community. This study hopes to encourage the peoples to continue preserving and obeying the customary law in their village by respecting the existence of the princes, Toak Lokaq, Pembekel, and Kyai , and adhering to the norms of customary law that apply in order to maintain social harmony. Moreover, it is advised for domestic and foreign tourists to continue respecting and upholding the applicable customary law by not violating any prohibitions in Senaru village. Lastly, the local government is urged to continue recognizing and protecting the customary law community to ensure sustainability.


A. INTRODUCTION
West Nusa Tenggara is one of the provinces in Indonesia that possesses a wide range of potential tourism destinations, one of which is the tourist village. The tourist village in West Nusa Tenggara has a solid legal basis, namely west nusa tenggara province regulation number 10 of 2021 concerning Tourist Villages (NTB, 2021). In 2021, there were 99 tourist villages, one of which is Senaru Village, located in Bayan District, North Lombok Regency. Since 2019, Senaru Village has been designated as one of the priority tourist villages among 25 in West Nusa Tenggara (Slivar et al., 2019). Senaru Tourist Village has many natural and cultural tourist attractions where cultural tourism has already well known, such as its unique traditional house architecture and Sasak social system (Apriani et al., 2022).
According to data from the Ministry of Tourism of Indonesia, 60% of foreign tourists are interested in culture, 35% in natural beauty, and 5% in man-made tourism (Arcana & Febianti, 2018). Such great cultural tourism potential must be maintained to preserve its existence (Paramita, 2022). The phenomenon so far is that research has only been done on the natural beauty tourism attractions that are very beautiful and unique, such as the Sindang Gile waterfall and Tiu Kelep waterfall in Senaru village (Patiro et al., 2023).
In the preamble of West Nusa Tenggara Provincial Regulation Number 11 of 2021 concerning the Recognition, Respect, and Protection of Indigenous Legal Communities, it is stipulated that Indigenous legal communities are an integral part of Indonesian citizens who have distinct │ 123 of regulations that concern sanctions for those who are violated (Isdiyanto & Putranti, 2021). Adat law is established in decisions made by customary authorities or those with authority and power to make decisions in the indigenous society, such as heads of villages, district chiefs, guardians of the land, customary leaders, and judges.
Juridically, customary law communities have a powerful position in Indonesia because they are regulated in laws and regulations at the national level (Apriani & Hanafiah, 2022). Recognition of customary law communities is regulated in various government laws such as in Article 18 of the 1945 Constitution, Law Number 6 of 2014 concerning Villages, Law Number 23 of 2014 concerning Regional Government, Minister of Home Affairs Regulation Number 52 of 2014 concerning guidelines for recognition and protection of customary law communities, Minister of Home Affairs Regulation Number 18 of 2018 concerning village community institutions and traditional village institutions, West Nusa Tenggara Province Regulation Number 11 of 2021 concerning recognition, respect, and protection of customary law community units, and North Lombok Regency Regulation Number 6 of 2020 concerning Recognition and Protection of Customary Law Communities (Azami, 2022). Unlike the previous understanding of customary law, if we extract the elements from this definition, it can be classified into four elements they are: First, Governing human behaviour in society, this element emphasizes that customary law regulates humans in society, meaning that the law only functions when humans are in society. If a person lives alone (not in society), customary law does not apply. Therefore, it is impossible to have customary law if humans do not live in society. Second, the entirety of custom, customary law is a complete unit that cannot be separated from other units (it is a system). Third, living in an indigenous society, customary law exists in society and originates from customs or traditions that exist in a society. The existence of sanctions in customary law will be subject to sanctions according to their violations. Fourth, decisions made by customary authorities; the difference between this understanding of customary law is the existence of customary authorities' decisions to establish and impose sanctions for violations of customary law. The authorities' decisions are important so that customary law enforcement can be more consistent because some have the authority and power to make decisions in the indigenous society.

Cultural Tourist Attractions
According to Article 1 of Law Number 10 of 2009 on Tourism, tourist attractions are everything that has uniqueness, beauty, and value in the form of natural diversity, cultural richness, and human-made creations that become the targets or goals of tourist visits. Furthermore, Government Regulation Number 50 of 2011 and the Minister of Tourism Regulation Number 18 of 2016 concerning Tourism Business Registration classified tourist attractions into three categories, namely: natural, cultural, and human-made attractions.
Cultural tourist attractions are human creations of intellect, emotion, and creativity as cultural beings (Damayanti & Bagiastra, 2022). Cultural tourist attractions include tangible cultural tourist attractions, such as cultural heritage sites, and intangible cultural tourist attractions, such as customs and traditions and cultural activities typical of a particular area or place, for example, Sekaten, Karapan Sapi, Pasola, Toraja Funeral Ceremonies, Ngaben, Floating Markets, Kuin. Art forms like Angklung, Sasando, and Reog can also be considered cultural tourist attractions (Kreps, 2008;Asfina & Ovilia, 2016;Mudana et al., 2021).
Senaru tourism village is well known for domestic and foreign tourists. The number of tourist visits to Senaru tourism village is relatively high. Before the Covid-19 pandemic, the average number of foreign tourists visiting Senaru village was 8,000 per year or 200 tourists per day. During the pandemic, there were practically no foreign tourist visits to Senaru village, but after the COVID-19 pandemic, starting from early May 2022, the average daily number of tourist visits has reached 50 foreign tourists or an average of 6,000 foreign tourists per year (Prasetya, 2021;Kemenparekraf, 2023).
Previous studies by Nutralip et al. (2021) showed that Senaru Village has the potential for tourist village development, such as world-class waterfalls, beautiful natural scenery such as rice fields, Mount Rinjani, and mountains, plantation areas that are commonly used as tourist attractions, adequate facilities and infrastructure such as gazebos, mosques, public bathrooms, parking areas, and camping grounds. As for tourist attractions, they include panorama walks, visiting waterfalls, watching pristine and gendang beleq performances, as well as traditional Bayan dances.
A study conducted by Purwana (2018) showed that tourism management on Mount Rinjani does not involve the indigenous community in Senaru Village. Thousands of foreign and domestic tourists stay at hotels, villas, and accommodations near Senaru Village. However, socially and economically, the indigenous community of Senaru Village has little benefit. In addition, Mandala (2021), who researched the existence of recognition of the Sasak customary law community's rights, found that the legal regulation basis related to the determination of communal rights (Community) in the form of affirmation or respect for rights. The existence of village expansion has not yet been directed (oriented) towards village regulations in improving the function of natural forest resources or the quality of forest utilization for communal life and future generations; Social-cultural factors or conditions that support the strengthening of Paer and Pawang Rights (customary forest) are the awareness of the indigenous community regarding the function of forests by the Sasak indigenous community in the North Lombok region.
Based on previous research, it appears that the position of the research conducted by the author is very different from previous research. The difference lies in the focus of the research, where the author focuses on two things: the role of customary law in maintaining culture as a cultural tourism attraction of Senaru village in North Lombok, West Nusa Tenggara. The first study indicates that Senaru Tourism Village has the potential for tourism development in terms of natural beauty and culture and alternative development strategies. The second study shows the lack of involvement of the Senaru village community in the management of Mount Rinjani tourism, which does not benefit the Senaru village community. Meanwhile, the third study demonstrates that cultural factors or conditions support awareness among the indigenous community of Senaru Village in establishing communal rights for the community. None of these three studies specifically discuss the role of customary law in preserving cultural existence as a prime cultural attraction, especially in Senaru village (Prasetya, 2021).
From customary law mentioned above, the researcher agrees with the last definition, that customary law is the law that governs the behaviour of Indonesian people in their relationships with one another, both as a whole of customs, traditions, and morals that genuinely live in the indigenous society because they are embraced and upheld by its members and as a whole of regulations that concern sanctions for violations established in decisions made by customary authorities, namely those who have authority and power to make decisions in the indigenous society. Recognizing the significant role of customary law, the author considers it necessary to examine the existence of customary law in preserving culture as a tourist attraction in the Village of Senaru as a subject of study in this research. Please refer to the research framework (figure 2).  Based on the background above, the problem statement of this research is as follows: what is the role of customary law in preserving the existence of culture as a cultural tourism attraction in the village of Senaru, North Lombok, West Nusa Tenggara? Following the stated problem statement, the objectives expected from this research are to determine the role of customary law in preserving culture as a cultural tourism attraction in the village of Senaru. Academically, this research will enrich the theoretical knowledge and can be used as a literature source for scientific studies on the existence of customary law in preserving culture as a tourist attraction. Practically, it can be used as a reference or guideline for stakeholders, especially in formulating policies regarding the existence of customary law in preserving culture as a tourist attraction in the Village of Senaru, North Lombok, West Nusa Tenggara.

B. RESEARCH METHOD
The method used in this study is a qualitative descriptive research method, which aims to describe or depict the relationship between the phenomena being studied. The data sources in this study consist of primary data sources, which are obtained directly from the respondents. This study's primary data are obtained directly from the village of Senaru through interviews with three key informants. The key informants are highly knowledgeable about customary law in preserving culture as a tourist attraction and protecting customary law in Senaru village, North Lombok Regency, West Nusa Tenggara. They are Raden Akria Buana, the head of Senaru village; Raden Gedarip, the head of the indigenous community of Senaru village (Bayan); and Raden Sawinggih, a community leader in Senaru village. These three individuals were selected as critical informants because of their direct lineage and function within the Senaru indigenous community. The first speaker explained the customary law provisions in Senaru Village, precisely the cultural attractions in the village. On the other hand, the second and third speakers will mainly discuss the substance and sanctions of the customary law in Senaru Village.
Meanwhile, secondary data sources are data obtained not from primary sources but from other available sources prior to the research, such as documents, literature, legislation, and others, as long as they pertain to the existence of customary law in preserving culture as a tourism attraction in Senaru Village, North Lombok Regency, West Nusa Tenggara. These include The collected data are validated using triangulation techniques by confirming the data with the information sources. Document data related to the existence of customary law in preserving culture as a tourist attraction and the protection of customary law society in Senaru village, North Lombok Regency, West Nusa Tenggara, are confirmed with key informants. The data used in this study are only those consistent with the information obtained from the sources. After the data is analyzed using descriptive qualitative analysis techniques, the conclusions are drawn to answer the research question. This study will discuss Senaru village culture as a tourist attraction first. Then, customary law in preserving culture as a tourist attraction in Senaru village, North Lombok Regency, West Nusa Tenggara will be described.

Culture as Tourist Attractions of Senaru Village
Based on interviews with the respondents, the traditional ceremony in Senaru village can be grouped into two categories, namely Urip and Pati. Urip is a traditional ceremony that relates to human life, from the birth ceremony, the ritual for casting away evil spirits, naming ceremony, haircutting or ngurisan, and wedding ceremony. Meanwhile, Pati is a traditional ceremony that relates to human death, starting from the funeral ceremony one day after death, nine days after death, 100 days after death, and up to 1,000 days after death. Implementing the aforementioned traditional ceremonies can still be preserved for several reasons: First, the values contained in them are the philosophy of religion, in this case, Muslim. Rudak is about the beginning of Islam entering the island of Lombok. Religious ceremonies such as the traditional Maulid celebration are held every year three days after the national Maulid celebration. They also visit the graves of respected figures who have contributed to the community during their lifetime. In addition, there is Penghulu as a religious element consisting of: Lebih, the one who announces azan (prayer called); Ketip, the Khatib who speaks to the people; Mudem, the central, and Kyai Santri, as the elders.
Second, the meanings contained in the cultural implementation remind us of the human identity symbolically, starting from the meeting and marriage of Adam and Eve. Third is the value of social unity in the community, where all members implement the culture and eliminate differences such as position, function, lineage, social status, and others. Fourth, it has an added economic value, so implementing cultural activities is still carried out because the entire community feels the benefits. These four aspects are guarded and guaranteed by a solid customary law in the Senaru village community. Without a robust customary law, these four aspects will quickly disappear (Hariansah, 2022). Another thing to be highlighted from the interview with respondents is that the cultural attractions that attract tourists to visit Senaru Village consist of the initial process of doing something, such as building a house. The community performs traditional ceremonies so that the work to be done can be blessed, go smoothly, and be successful (Choirunnisa et al., 2022). Traditional processes such as Membole, which is ploughing the rice field with buffalo without using any plough tools, accompanied by songs led by a leader and followed by four to six people depending on the number of buffalo. Usually, the number of buffalo used in Membole is 15 to 20 per rice field. Membole ceremony uses buffalo because buffalo are more obedient, have been used in Senaru village longer than cows, and represent nature. Buffalo is known to be more united with nature because they have a mud pool (a place to bathe). Another ceremony is Menggara. Menggara is ploughing the rice field using cows and plough tools; in this ceremony, cows are considered more agile in their movements, so they can be used to plough with the plough tools.
Traditional dance such as Medewa is performed after the rice is harvested. The essence of this dance is giving praise and thanks to God Almighty. Another traditional dance is Gegeruk, a kind of kecak dance in Bali, a dance with music using the sound from the dancers' mouths without musical instruments. Besides dance, there is also drama performance such as Cupak and Gerantang that tells the story of two opposing figures symbolizing the goodness and badness of nature. Another cultural activity found is Genggong, where two people use musical instruments like violins made from the stem of palm trees.

The Existence of Customary Law in Preserving Culture as a Tourist Attraction
The  (Widjdan, 2021).

Principles of Customary Law in Senaru Village
Principles of law are the fundamental thoughts that serve as principles for implementing technical laws. These principles of law are general and do not have sanctions. However, they form the basis for implementing legal norms that do have sanctions (Aminwara et al., 2022), as expressed by the respondents Raden Gedarip, the Head of the Indigenous Community of Senaru Village (Bayan), and Raden Sawinggih, a community figure of Senaru village they mentioned that in the customary law of Senaru village, several expressions are synonymous with the principles of law. These expressions serve as the guiding principles for implementing the fundamental law. These expressions are: "E Anak Jaring Ku Wah Gawek Kuto No Pemalik", which means: "Oh my children, do not violate the prohibitions." This sentence is brief but has tremendous power for the people of Senaru Village. The Raden village head rarely speaks this sentence but is highly respected by all the indigenous people of Senaru Village. The indigenous people of Senaru Village hold their customary law in high esteem because of this simple sentence. This sentence has been passed down through generations by the Raden village heads and has been preserved until now. This sentence is rarely The Existence of Customary Law in Preserving Culture as a Tourism Attraction: A Study from Senaru Village, North Lombok, West Nusa Tenggara Komang Mahawira spoken to the people but has a supernatural power, so customary law in Senaru Village can be maintained until now.
The second expression is Lestarikanlah Hutan, which means preserve the forests. This short sentence also becomes a life principle for the indigenous people of Senaru Village. The forest is everything to the indigenous people of Senaru Village, so the punishment for forest destruction is severe (Putri, 2022). The forest for the indigenous people of Senaru Village has two meanings: the rational meaning of the forest is a source of water, which means it is a source of life. Second is the irrational meaning of the forest being a place for other creatures to inhabit. Both rational and irrational meanings show that the forest has a vital role, so it is guarded very strictly by the people of Senaru Village (Resti et al., 2022).

Customary Law Substance of Senaru Village
The customary law of Senaru village is not written, meaning it is not codified like positive law in Indonesia. The term used for Senaru village's customary law is Awig Awig, which contains rules that must be adhered to by the indigenous community of Senaru village. Awig Awig was created by the ancestors (Toaq Lokaq) based on deliberation to reach a consensus called gundem. This is explained by all three respondents that Awig-awig contains details about what is allowed and what is not allowed or prohibited by the indigenous community, and those who violate it will be subject to a sanction called Melik. Melik is imposed on individuals who commit violations, such as doing something prohibited or, conversely, failing to do something that is their obligation.
Melik can be categorized into three: when people do light Melik or minor offences such as mispronunciation, and others by apologizing to the affected person. Second is medium Melik or moderate offences such as theft, adultery, and others, with sanctions in the form of Dedosan or payment of fines in the form of money or livestock, and performing certain customary ceremonies. Third is heavy Melik or serious offences, called Ilen Pati or murder, with the sanction of being expelled from and prohibited from living in Senaru village again. Melik is imposed in customary court (Toaq Lokaq). The judges in the customary court consist of three well-known people in the village called Kyai, or religious element (Islam); Pembekel or government element; and Pemangku or Toaq Lokaq element.
The customary law provisions in Senaru Village are based on the Pemangku, Toaq Lokaq, and Pembekel. Pemangku is the leader with the title Raden or Datu, an honoured person who leads a specific area called Senaru, Karang Bajo, or Tareang. A Raden leads several amaks, and each amak oversees several panjaks or the lowest strata of society.
Toaq Lokaq is a guardian responsible for specific tasks such as guarding water sources, rivers, forests, and others. Toaq Lokaq consists of 3 categories: 1) Toaq Lokaq based on location such as forest, sea, water sources, mountains, sacred places, and others; 2) Toaq Lokaq based on function in customary ceremonies such as Inak Nasi who cooks rice and the dishes. Penjeleng who does makeup and prepares Praja Mulud. 3) Toaq Lokaq is based on managing nature, such as rice fields and gardens. Pembekel is a government element such as village head and sub-village head, elected directly by the community.
The judge's decision is made by deliberation to reach a consensus, not by majority vote, so the number of judges does not have to be odd, unlike judges in positive law in Indonesia who decide based on deliberation to reach a consensus. If consensus cannot be reached, the decision is made based on the majority vote, so the judges always have an odd number. The parties present in the customary court are the Judges (customary forum); the offenders (those who will be judged); those who feel aggrieved; and the witnesses' structure/customary legal Village of Senaru.

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If in the positive law system, the hearing is held in the court hearing room. In customary law, the hearing for Melik, the violator of Senaru customary law, is conducted as follows: 1) Light melik is held at the house of the affected person; 2) Medium Melik is held at the Pembekel's office or the village government office; 3) Heavy Melik held at Saka Baluq, a gazebo with eight pillars located in Batu Grantung hamlet, Loloan village, Bayan district.

Customary Law Sanctions in Senaru Village
Sanctions in the customary law of Senaru village are called Pemalik. In the interview with Raden Gedarip, the Head of the Indigenous Community in Senaru Village, it is stated that three classifications sanction these classifications are light offence (pemalik ringan), moderate offence (pemalik sedang), and serious offence (pemalik berat).
If the offenders are doing light melik, the sanction is pemalik ringan, usually a warning from the community leader or the elders in Senaru village. The offender is asked to apologize and promise not to repeat the offences for etiquette, manners, and other violations. Suppose the offenders were doing medium melik than pemalik sedang as a medium sanction for more severe etiquette violations, such as domestic violence, fighting, causing unrest, and stealing. The sanction for pemalik sedang will be paraded around the village, apologizing for the wrongdoing and promising not to repeat the offence.
When a person does a heavy melik, the sanction is pemalik berat or heavy sanction, which is for offences such as murder, deforestation, and sexual harassment. The sanction for this violation is to be ostracized or banished from the village and no longer considered part of the Senaru village community. This is the sanction that the Senaru village community fears the most.
Moreover, violations of the Urip traditional ceremony, which is related to human life, are sanctioned by the universe (God Almighty), such as a) Frequent illness, b)Frequent arguments, c) Plants do not bear fruit (do not produce); d) Livestock get sick; e) Natural disasters; f) Uneven income; g) Plants around their house dry up. Sanctions for not fulfilling obligations as a descendant, whether intentionally or unintentionally, such as being a Pemangku, Toaq Lokaq, Penghulu (Kyai Santri, Ketip, Lebih, Mudem), will result in punishment such as muteness, blindness, deafness, and paralysis.
To avoid the influence of this sanction, the offender must come directly to the Pemangku or Bale Lokaq and do the following: a) Admit their mistake; b) Promise to fulfil their obligation; c) Pay for their mistake with a buffalo or goat, rice, and an appropriate amount of money for the traditional ceremony, which is preceded by the Sesembek ceremony, where a mixture of betel leaves, areca nut, and lime is applied to the offender's forehead. The betel leaves follow the palm lines and can only be seen by the Pemangku or Toaq Lokaq. Sesembek functions as a sign of respect, prayer, and healing. Every violation has a sanction; whether it is a crime or not, such as when the village chief wants to cut down a tree for public purposes, such as a soccer field, they must still pay a fine as a customary law sanction, which is one buffalo and hold a specific traditional ceremony. The customary institution imposes this sanction, the customary leader, and the Toaq Lokaq.
The relationship between customary law and culture in tourism activities can be seen in Figure  1. Customary law can maintain cultural preservation so that tourists can enjoy it as a Senaru Village Tourist Attraction.

D. CONCLUSION
Based on the discussion and research results mentioned above, several things can be concluded that customary law plays a significant role in preserving the cultural existence as a tourist attraction of Senaru village's cultural tourism in North Lombok, West Nusa Tenggara. The customary law of Senaru village has strong principles, substance, structure, and sanctions consistently maintained by the village community. It is suggested that the customary law of Senaru village should be preserved because it has proven to maintain the cultural existence of Senaru village as a tourist attraction. Therefore, the people of Senaru village are advised to continue preserving and obeying the customary law of Senaru village by respecting the existence of the village elders, Toak Lokaq, Pembekel, and Kyai, and obeying the applicable customary law norms so that community life remains harmonious. Tourists visiting Senaru village, both domestic and foreign, are advised to respect and uphold the applicable customary law by not violating the prohibitions that are not allowed in Senaru village. The local government, both the provincial government of West Nusa Tenggara and the North Lombok regency government, should respect and provide recognition and protection to the Customary Law Community in Senaru village to preserve its sustainability.