FENOMENA KAWIN LARI (MOMBOLASUAKO) PADA MASYARAKAT SUKU TOLAKI DALAM PERSPEKTIF SOSIOLOGI HUKUM (STUDI KASUS DI KABUPATEN KONAWE SULAWESI TENGGARA)

Abd. Sattaril Haq, S.H., NIM.: 18203010032 (2021) FENOMENA KAWIN LARI (MOMBOLASUAKO) PADA MASYARAKAT SUKU TOLAKI DALAM PERSPEKTIF SOSIOLOGI HUKUM (STUDI KASUS DI KABUPATEN KONAWE SULAWESI TENGGARA). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage is a sunnatullah whose provisions have been outlined by religion. However, marriage's existence becomes disturbed when confronted by social phenomena, such as elopement (mombolasuako) in the Tolakinese in Konawe Regency. It is because this phenomenon is inversely proportional to the marriage established by religion and custom. Elopement (mombolasuako) is a phenomenon that exists among the Tolakinese culture society in Konawe Regency. In practice, this can create social tensions that lead to murder. However, this can be prevented by bringing a set of customs (kalosara) to the woman's family. The typology of the Tolakinese society, the concept of kalosara in practice to solve the mombolasuako case, and sociology of law perspective towards eloping and the cause of the eloping existence in the Tolakinese were three main points examined in this study. This research was field research with a sociology of law approach, and the nature of this research was descriptive-qualitative. The data collection technique used three methods: interview, observation, and documentation, and then an inductive conclusion was drawn. This study resulted in three conclusions. (1) Tolakinese society belongs to a typology of mechanical solidarity society. It is based on the upholding of the sources of traditional values and norms that still exist. However, in the settlement phase, the Tolakinese society is classified as a type of organic solidarity community because the perpetrators' punishments tend to restore stability in the indigenous society and both parties' families due to eloping. Also, implementing the kalosara custom in settlement of eloping in Tolakinese society strengthens unity among tribe members and provides order. (2) Based on the sociology of law perspective, the kalosara customary law effectively resolves the elopement (mombolasuako) case in the Tolakinese in Konawe Regency, Southeast Sulawesi because the solution is aimed at creating peace and trying to find the best solution. (3) The existence of eloping in Tolakinese society in the Konawe Regency is based on four objectives. First, the perpetrator can marry without going through a long traditional procession. Second, the perpetrator can get married even if the proposal is refused. Third, the perpetrator can marry without spending much money. Fourth, the perpetrator can marry a woman who has been pregnant for fear of telling their parents.

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