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KAFA'AH DALAM PERNIKAHAN TUN BANGSA PADA MASYARAKAT ADAT BAYAN LOMBOK UTARA
This study is motivated by the tension between the principle of equality in Islamic law and national law and the practice of social stratification within the indigenous community of Bayan, North Lombok. In this context, tun bangsa marriage, defined as a union between a noble woman (perwangse) and a man from a commoner class (jajarkarang), is considered a violation of customary law, resulting in social and cultural sanctions such as the obligation to pay sajikrama and the downgrading of the woman's social status. The main problem addressed in this study is how women interpret and respond to these customary sanctions, as well as the strategies they employ in dealing with hierarchical social and customary legal pressures. This research is a field study using an empirical-sociological approach with a descriptive-analytical nature. Data were collected through observation, interviews with women involved in tun bangsa marriages and customary leaders, as well as documentation. Data analysis was conducted using the Miles and Huberman model, which includes data reduction, data display, and verification. The theoretical framework employed is the concept of legal consciousness by Patricia Ewick and Susan Silbey, which categorizes legal awareness into three forms: before the law, with the law, and against the law, to analyze how individuals interpret, respond to, and negotiate law in their everyday lives. The findings reveal that women in tun bangsa marriages are not passive subjects; rather, they demonstrate agency in responding to customary norms. Some women accept the sanctions as a form of compliance with customary authority (before the law), others navigate the rules to maintain their social position and family relations (with the law), and some exhibit resistance toward customary pressures (against the law). However, the “before the law” form of legal consciousness emerges as the most dominant pattern, indicating the strong internalization of customary authority in shaping women’s responses. The strategies adopted include negotiation, compromise, and social adjustment to minimize the impact of sanctions. These findings affirm that the practice of tun bangsa reproduces gender inequality, while simultaneously providing space for women to negotiate their position within a hierarchical customary structure.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 24203011048 Muhammad Gazi Firman Maulana
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346.01 Hukum Keluarga - Hukum Pernikahan