KAWIN SUMBONG : PLURALISME HUKUM DALAM PERKAWINAN ADAT KERINCI, PROVINSI JAMBI

Mega Puspita, S.H, NIM.: 21203011071 (2023) KAWIN SUMBONG : PLURALISME HUKUM DALAM PERKAWINAN ADAT KERINCI, PROVINSI JAMBI. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Indonesian society is a society that lives in diversity or legal pluralism. They are subject to three laws at once, namely customary law, religious law, and national law. Legal pluralism in Indonesia touches on various aspects including marriage. Such as the phenomenon of conceited marriage that occurs in the Kerinci community, Jambi. Sumbong marriage is a marriage carried out with the closest relatives (same scope). This marriage is religiously and legally legal because it goes through procedures. But on the contrary, according to customary law this marriage is prohibited, marriage is considered valid if it settles with custom by paying sanctions. The prohibition of marriage in Indonesia is contained in Article 8 of Law Number 1 of 1974 concerning Marriage and Article 39 of the Compilation of Islamic Law. With the diversity of laws in the conceited marriage tradition, the author is interested in exploring the process of legal interaction in the conceited marriage tradition and the causes of legal pluralism in the sumbong marriage tradition in the Kerinci Community, Jambi. The type of research conducted by the author is field research, with qualitative methods, the nature of this research is descriptive analytic research, the approach used by the author is a sociological empirical approach with interlegality and Talcot Parson Structural Functionalism, data sources consist of primary data and secondary data . Primary data, namely 8 couples who have conceited marriages (from 2017-2022) and people of four types (Depati, Ninik Mamak, Alim Ulama, Clever Clever) as the authorities in adat. Secondary data, namely all kinds of rules, traditional tambo, books, journals, books and articles related to the focus of this research. Data collection techniques in research consist of interviews, documentation and literature studies, as well as the framework used in data analysis is deductive and inductive methods. The results of the study show that: First, the process of legal interaction in the sumbong marriage tradition can be seen that there is interaction between one law and another, such as religious law, state law, and customary law used in the sumbong marriage tradition. By using a legal interlegality theory approach, there is harmonization between customary law, state law and religious law. Contemptuous marriages are legal according to religious and state laws, but are prohibited by custom. If there is a compromise with customary law, the marriage is valid, provided that it pays a penalty. Second, structural functionalism as the reason for legal pluralism in the tradition of sumbong marriage, that all elements in society must be in a dynamic balance, not only state law and religious law are used but also customary law. This can be seen in Talcot Parson's four imperative functions called AGIL. 1) Adaptation in the sumbong marriage tradition means that all elements of society are able to adapt in the sumbong marriage tradition. The people are aware of their status as Indonesian citizens, Muslim communities and customary law communities. 2) Goal attainment on the prohibition of conceited marriage aims to maintain order in society in terms of maintaining kinship, protecting lineage (offspring), and expanding kinship. 3) Integration in conceited marriages means that all elements are related to each other, this can be seen in the application of the tradition of prohibiting incestuous marriages by imposing sanctions in accordance with the variety of involuntary marriages performed (A, G, L). 4) Latency in conjoint marriages is reflected in the relationship of mutual support for one another in maintaining the tradition of prohibiting sumbong marriages.

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