Sabung Ayam: A Local Cockfighting Tradition in Indonesia and Its Regulation Development
Introduction
Sabung Ayam is a local cock-fighting tradition practiced since the early 1900s. Due to Indonesia’s broad territory, this tradition varies in its origin story. However, one thing is uniform, this tradition is interpreted as a symbol of power and masculinity and is dominated by men in practice. This article aims to review how this tradition has grown over time and how the government has been regulating it in Indonesian positive laws.
The Practice of Sabung Ayam in Indonesia
As mentioned earlier, due to Indonesia’s broad territory, this tradition varies in its origin story. However, its development can be traced through three main regions in Indonesia, which are Bali, Java, and Sulawesi.
One of many local practices in Bali is its Sabung Ayam tradition. Sabung Ayam in Bali is related to a Hindunese tradition known as Tabuh Rah. The word “Tabuh” means pour/spread and the word “Rah” means blood. So Tabuh Rah is a tradition that complements a religious ceremony called Caru or Mecaru. This religious ceremony ended with sacrificing some animal blood to the Gods through Tabuh Rah which represents the people’s blood. The animal used in Tabuh Rah is usually cocks. The cocks will be put in a ring and they’ll fight. This ceremony is related to the Bhuta Yadnya belief, which means balancing the bhuana agung (the macrocosmos) and the bhuana alit (the microcosmos) by returning to the environment what belongs there and preserving the ecosystem. However, this practice is a sacred practice, so it does not mean that this practice is carried out every day, but only at certain times and with careful consideration.
But this Tabuh Rah tradition has been misused and combined by people with gambling and has become part of people’s lives. This cockfighting with gambling is widely known in Bali as Judi Tajen. However, this tradition is not supported by the Hindunese Religion, but purely because of people’s initiation. Some Balinese People even take this Judi Tajen as their main financial source. The Judi Tajen tradition grew and became inseparable from society so that it could be interpreted as a symbol of masculinity, territorial power, and leadership power. In that era, it was very embarrassing if men did not dare to gamble. In an essay by the famous anthropologist Clifford Geertz who lived and researched cockfighting in Bali, he said that in Judi Tajen, the rooster fight is just a disguise. The ones who actually fight are the men who own the roosters.
On the island of Java, Sabung Ayam's origin can be traced through some folklore like Cindelaras (East Java) and Ciuang Wanara (West Java/Sunda). These two folklore told the same story about a prince who was lost from the kingdom life, and then brought back to their family in the kingdom by a Sabung Ayam moment. These old stories which are part of the people’s history, tell us that the Sabung Ayam tradition already existed for a very long time within Javanese People. This Sabung Ayam practice appeared in many Indonesian historical resources such as Prasasti (Prasasti Sukawana, Prasasti Batur Abang, Prasasti Trunyan, and Prasasti Sembiran). It also reappeared consistently in different periods, the earliest being in the 8th century in the Javanese Kingdom, and then in the 10th century, also in the 13th century alongside the Singasari Kingdom.
The Development of Sabung Ayam’s Regulation in Indonesia Through Periods
Before we talk about the Indonesian positive laws that regulate gambling and animal fighting practices, let’s see how the Hindunese Religion, being the main religion for Balinese People, regulates gambling and animal fighting practices. Fortunately, the Hindunese Religion does not support these two practices.
Citing from Manawa Dharmasastra, which is one of Hindunese’s Scriptures, here are some excerpts that regulate gambling and animal fighting practices:
“Yo’himsakaani bhuutaani hinas, tyaatmasukheaschaya. Sa jiwamsca mritascaiva na. Kvacitsukhamedhate.” (Manawa Dharmasastra V.45)
Meaning: They who torture a living being that is not dangerous, intending to satisfy their desire, will never feel happy and whole. They will always live in a middle state where they don’t feel like alive or dead. The torture and the killing that is done just for fun is sinful. Whoever does it will never feel happy in present or future lives.
“Dyūtaṁ samaḥ vayaṁ caiva rāja rātrannivarayet, rājanta karaóa vetau dvau dośau pṛthivikśitam.” (Manawa Dharmasastra IX.221)
Meaning: Gambling and Bet practices should be expelled from a nation's territory since they destroy the nation and the young generation.
“Dyūtam etat pūra kalpe dṛśtaṁ vairakaraṁ mahat, tasmād dyūtaṁ na sevetahasyartham api buddhimān.” (Manawa Dharmasastra IX.227)
Meaning: In the current period, the evils of gambling are shown, causing hostility between siblings. Therefore, good people must avoid gambling practice, even though it is just for fun.
Through these three excerpts, it can be concluded that the practice of gambling and fighting for animals just for fun is prohibited in the Hindunese Religion. These beliefs, should have been obeyed by the Balinese People (especially those with Hindunese Religion) and apply it in their daily lives.
Furthermore, in Indonesian Positive Laws, some regulations regulate gambling and animal fighting. After its independence declaration in 1945, Indonesia adopted “Kitab Undang-Undang Hukum Pidana (KUHP)” which is a collection of regulations governing criminal acts in Indonesia.
The KUHP regulation regarding animal fighting practices in its Article 302:
"(1) Threatened with a maximum imprisonment of three months or a maximum fine of four thousand five hundred rupiah for committing minor abuse of animals
a) whoever, without proper aim or excessively, intentionally hurts or injures an animal or harms its health;
b) whoever, without a proper aim or by exceeding the limits necessary to achieve that aim, deliberately does not provide the food necessary for life to animals, that wholly or partly belong to him and are under his supervision, or to animals which he is obliged to care for.
(2) If the act results in illness for more than a week, disability or other serious injuries, or death, the person guilty is threatened with imprisonment for a maximum of nine months, or a fine of a maximum of three hundred rupiah, for animal abuse.
(3) If the animal belongs to the guilty person, the animal can be confiscated.
(4) Attempts to commit such crimes are not punishable.”
And then, regarding gambling practices, the KUHP regulates it in its Article 303:
“(1) Threatened with a maximum imprisonment of ten years or a maximum fine of twenty-five million rupiah, whoever without obtaining permission:
a) deliberately offering or providing opportunities for gambling games and making it a search, or deliberately participating in an enterprise for That;
b) deliberately offering or allowing the general public to play gambling or deliberately participating in the enterprise for that purpose, regardless of whether for taking advantage of the opportunity for a condition or procedure to be fulfilled;
c) Make participating in gambling games a pursuit.
(2) If the person is guilty of committing the crime while searching, then they can deprived of the right to carry out that search.
(3) What is called a gambling game is any game where there is generally a chance of winning Profits depend on sheer luck, also because the players are more trained or more skilled. This includes all bets on the results of matches or other games that are not held between those who compete or play, as well as all other bets.”
But this compilation of the laws is already outdated, this year, Indonesia renewed its KUHP and updated many regulations, including gambling and animal-fighting. In the new KUHP, animal fighting is regulated in articles 337 and 338:
“Article 337:
(1) Any person who:
a) hurts or injures animals or harms their health by exceeding limits or without a proper purpose; or
b) having sexual relations with animals.
(2) If the act as referred to in paragraph (1) results in the animal being sick for more than 1 (one) week, disabled, seriously injured, or dead, it will be punished with a maximum imprisonment of 1 (one) year 6 (six) months or a fine. at most category III.
(a) If the animal as intended in paragraph (1) belongs to the perpetrator of a crime, the animal can be confiscated and placed in a place suitable for animals."
Article 338:
(1) Any person who:
a) using and exploiting animals beyond their natural capabilities which can damage the health, threaten safety, or cause the death of the animal;
b) administering substances or medicines that may endanger animal health; or
c) using body parts or organs of animals for inappropriate purposes.
(2) Any person who applies modern biotechnology to produce transgenic animals or animal products that endanger the preservation of animal resources, public health and safety, and the preservation of environmental functions, shall be punished by a maximum imprisonment of 2 (two) years or a maximum fine category IV.”
And then, regarding animal fighting practices, the new KUHP regulates it in Articles 426 and 427:
“Article 426
(1) Any person who does not have a permit will be sentenced to a maximum imprisonment of 9 (nine) years or a maximum fine of category VI.
a) offering or providing opportunities to gamble and make a living or participate in a gambling business;
b) offering or giving the public the opportunity to gamble or participate in a gambling company, regardless of whether there are any conditions or procedures that must be fulfilled to use the opportunity; or
c) make participating in gambling games a livelihood.
(2) If the criminal act as referred to in paragraph (1) is committed while carrying out a profession, an additional penalty may be imposed in the form of revocation of rights as intended in Article 86 letter f.
Article 427
Any person who uses the opportunity to gamble without permission will be punished with a maximum imprisonment of 3 (three) years or a maximum fine of category III."
Conclusion
The practice of cockfighting accompanied by gambling has been going on for a long time in Indonesia, even before the colonial period, namely since the time of the Hindu and Buddhist kingdoms. This practice can be traced through various sources of Indonesian history, one of which is inscriptions. This practice has become embedded in people's lives and is a symbol of masculinity, courage, strength, leadership, and power over an area.
Regulations regarding Cockfighting and gambling in Indonesia were initially regulated through the old Criminal Code which was then updated with the new Criminal Code in 2023. The maximum penalty for perpetrators of animal abuse is imprisonment for 1 year, while the maximum penalty for perpetrators of gambling is imprisonment for 9 years.
References:
Undang-Undang Republik Indonesia Nomor 1 Tahun 1946 Tentang Peraturan tentang Hukum Pidana
Undang-Undang Republik Indonesia Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana
Geertz, C. (1972). Deep Play: Notes on the Balinese Cockfight. Daedalus, 101(1), 1–37, http://www.jstor.org/stable/20024056
Hidayat, R. (2011). Sabung ayam Tabuh Rah dan Judi Tajen di Bali (Perspektif hukum islam dan hukum positif).
Suseni, K. A. (2020). JUDI “TAJEN ATAU SABUNG AYAM” DALAM KITAB MANAWA DHARMASASTRA. Pariksa: Jurnal Hukum Agama Hindu, 4(1), 55-62.
Indonesia.go.id. Sabung Ayam, Antara Mitos dan Sejarah. Sabung Ayam, Antara Mitos dan Sejarah. Retrieved December 24, 2023, from https://www.indonesia.go.id/ragam/budaya/kebudayaan/sabung-ayam-antara-mitos-dan -sejarah
This article is authored by Titis Fitriani, a student of the online course of Farmed Animals: Law & Policy taught and supervised by Lu Shegay. The course was generously sponsored by the Centre for Effective Altruism.