Between Local Wisdom and the Flow of Modernization: Legal Protection for the Mapalus Culture of the Tolour Tribe Amidst Social Change

Abstract

This study examines the interaction between social change driven by modernization and the weaknesses of the legal framework for preserving the Mapalus culture of the Tolour tribe in Minahasa. Using a juridical-sociological approach with a qualitative method, this research analyzes how the Mapalus tradition is transforming while simultaneously identifying gaps in its protection. The social analysis reveals that modernization, particularly through mechanical technology, has altered Mapalus practices. This change is driven by the community's rational choices for efficiency, yet it triggers serious challenges, such as declining participation among the younger generation. From the legal analysis, a significant protection vacuum was found. Although a national legal framework exists through Law No. 5 of 2017 concerning the Advancement of Culture, the lack of implementation at the local level—specifically the absence of an established Principal Framework of Regional Culture in Minahasa Regency—leaves this tradition vulnerable. This research concludes that the preservation of Mapalus demands a proactive solution in the form of preventive legal protection through the integration of this tradition into the regional cultural framework.