PERUBAHAN HUKUM DALAM TRADISI PERKAWINAN: STUDI PRAKTIK PERKAWINAN ANTAR ETNIS SUKU DAYAK DAN MADURA PRA DAN PASCA KONFIK DI KECAMATAN SERANAU, KABUPATEN KOTAWARINGIN TIMUR

Norholis, NIM.: 20203012055 (2023) PERUBAHAN HUKUM DALAM TRADISI PERKAWINAN: STUDI PRAKTIK PERKAWINAN ANTAR ETNIS SUKU DAYAK DAN MADURA PRA DAN PASCA KONFIK DI KECAMATAN SERANAU, KABUPATEN KOTAWARINGIN TIMUR. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Dayak and Madurese tribes have been maturing since before the conflict in Central Kalimantan. Of course, each tribe (Dayak and Madurese) has its marriage ceremony and it is sacred in customary law because it is full of meanings contained in it. When there is a marriage between the sons and daughters of the two tribes, the reception ceremony has a side of compromise. However, the implementation of the marriage ceremony is more dominated by Dayak customary law as a local. Marriage between the two tribes was halted due to conflict on February 18, 2001, and repeated itself after the conflict passed. However, interestingly, the portrait of the Dayak and Madurese marriage ceremony after the conflict has changed significantly from before. Then, what kind of changes have occurred in intermarriage, and what are the contributing factors? This research uses a descriptive qualitative method with a legal sociology approach to understanding the process of marriage ceremonies using customary law (living law) as a law upheld by the social Seranau community. This type of research is field research through a structured semi-interview process and documentation to collect accurate and valid data and information. Then the results of the raw data are analyzed and conclusions are drawn inductively. So that becomes interesting research. The result of the research conducted is the practice of marriage ceremonies between ethnic Dayak and Madurese before the conflict, namely in 1988 to 2000 it was more dominated by Dayak customary law (a little use of Madurese customs) ranging from wedding ceremonies to wedding receptions. Then after the 2001 conflict, namely in 2010 to 2021, these changes became more significant, with Madurese tribal customs affecting Dayak customs during the process of requesting and the strong influence of Islamic values in marriage ceremonies until it was over. This means that the mating customs of the Dayak tribe are not used. Meanwhile, the series of Dayak customs that still exist and are experiencing development are honest money that is increasingly varied and applied by all religions and all tribes in Seranau District. So the marriage ceremony in Seranau changed to a new, simpler form with elements of customary law and Islamic legal values that entered into it dialogically.

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