Reconstructing Adat for the Digital Surau: Living Law, Legal Pluralism, and Nagari Regulation

Abstract

The transformation of the surau into the digital era presents complex normative issues from the perspective of Minangkabau customary law. As the oldest educational and character-building institution in Minangkabau, the surau not only functions as a place of worship, but also as an institution for the inheritance of customary values ​​based on the philosophy of Adat Basandi Syara', Syara' Basandi Kitabullah (ABS-SBK). This literature study aims to analyze in depth the views of Minangkabau customary law on the legitimacy, authority, and implementation of digital surau. The method used is a literature study with a qualitative normative-analytical approach, reviewing the latest scientific literature, classical customary documents, local government policies, and digitalization project reports. The analysis was conducted using the living law framework from Ehrlich and legal pluralism from Griffiths. The results of the study show that: (1) The adaptive principle of Minangkabau customary law (kok takuik adaik ka tagiliang, follow the rotation of the wheel) theoretically opens up space for the legitimacy of digitalization, but in practice is hampered by the absence of standard customary procedures for the digital space; (2) There is a dualism of normative authority between ninik mamak (customary authority) and the younger generation (technological authority) which has the potential to trigger customary jurisdictional conflicts; (3) Recognition of customary law regarding digital surau requires a new construction in the form of digital customary density as a forum for collective legitimacy. This study recommends the need for a Nagari Regulation on Digital Surau and strengthening the digital sovereignty of indigenous communities.