PLURALISME HUKUM DI INDONESIA: INTERLEGALITY DALAM PERKAWINAN MASYARAKAT ISLAM SASAK

Murdan, NIM. 1530016014 (2020) PLURALISME HUKUM DI INDONESIA: INTERLEGALITY DALAM PERKAWINAN MASYARAKAT ISLAM SASAK. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This dissertation dealt with the legal pluralism of marriage law in Indonesia, and is focused on the process of interlegality of the Sasaknese community, who are living on the Lombok Island, West Nusa Tenggara Province. The basic assumption in this dissertation is that legal pluralism is a necessity in social life. In era of Nation State, naturally the communities required or needed the state law. In contexts of religious community, religous group are needed religious law, and in social comunity live, the comunities requires the customary law. As part of Indonesian society, Sasak peoples are submissive and obedient to Indonesian law. In part of Islamic society, Sasak peoples are subjected and obeyed by Islamic law, and as the part of Sasaknese people, they are obedient to Sasak customary law. Departing from the existence of the three laws in the contexts of Sasaknese marriage, this research focuses on three main issues, first, why does legal pluralism occur in the marriage of the Sasak Islamic community? Second, how does the Sasaknese people implementation of interlegality of marriage? Third, how does the judge of Religious Court respond to the existence of customary and Islamic law in the Sasaknese marriage? This research takes an integrative approach, which is a combination of empirical approaches (law in action) and normative approaches (law in books). The empirical juridical side is used to look at the fact of interlegality of the Sasaknese marriage, and the normative juridical side sees the response of the judge of Religious Court in Lombok through his decision on several cases of Sasaknese marriage. Therefore, strongly, this research used the socio-legal approach, which not only looks at the practices of interlegality of Sasaknese marriage from its legal normativity, but also looks at its sociological and anthropological aspects. In context of that statement, this research uses the theory of interlegality and dialogue of interaction of law. In collecting data, this study uses observation and interview techniques. Sources of research data were obtained directly from the practices of Sasaknase marriage, both the social and legal facts of marriage, explanation from the Sasaknese about them marriage, and several decisions of the Religious Courts in Lombok. The Sasak Islamic community sees the legal pluralism of marriage law is a reality of live. Sasak and Islamic marriage law merge into one legal entity of the Sasak Islamic community. Likewise with the marriage law of the State, it has slowly begun to fuse into a unity with the Sasak Islamic marriage in harmony in the legal interaction wrapping. The mixing of the three laws in the Sasak Islamic community's marriage resulted in legal interlegality. The important reason for legal pluralism in the marriage of Sasak people is at least triggered by the historical background (historical), socio-cultural of the Sasak people (sociological), and Indonesian national law (juridical). In the dialogical process of dialogical marriage law of the Sasak Islamic community which struggles with legal interlegality, sometimes the three legal norms assimilate, adapt, hybridize, or influence one another. Seeing the existence of that legal pluralism, the Religious Court judge in Lombok as a state representation respon the existence of Sasaknese customary law and Islamic law in many various, sometimes through legal exceptions, legal compartmentalization, legal dialogues reception, or sometimes through legal reconciliation.

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