HARMONISASI LIVING LAW , HUKUM POSITIF DAN HUKUM ISLAM DALAM PERNIKAHAN KONSERVASI LINGKUNGAN KROMOJATI

Khusnul Amalia, NIM.: 22203012037 (2024) HARMONISASI LIVING LAW , HUKUM POSITIF DAN HUKUM ISLAM DALAM PERNIKAHAN KONSERVASI LINGKUNGAN KROMOJATI. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This study discusses the practice of Kromojati marriage in Bohol Village, Gunung Kidul, Yogyakarta, focusing on how Living Law, Islamic law, and Indonesian positive law are harmonized in its implementation. The uniqueness of Kromojati marriage lies in the requirement for the bride and groom to bring 10 teak seedlings as one of the conditions for their marriage. This tradition integrates socio-ecological values into the wedding ritual, a phenomenon rarely found in typical marriage practices. In the context of legal pluralism in Indonesia, the harmonization of these three legal systems often raises questions about how they interact without causing conflict. This raises questions about how local customs like Kromojati marriage, which are not explicitly regulated by either Islamic law or Indonesian positive law, can function and be accepted within the existing formal regulatory framework. Understanding how Kromojati marriage can continue to be practiced and socially recognized, and its implications for the broader legal framework in Indonesia, is one of the key aspects that requires more in-depth academic analysis. This study is a field research with a descriptive-analytical nature. The approach used is legal anthropology concerning legal pluralism, which examines the interaction of multiple legal systems within the social context. Primary data were obtained through in-depth interviews with community leaders, religious figures, and residents of Bohol Village, while secondary data were sourced from relevant documents, academic literature, and applicable regulations. The study refers to Hazairin's Receptio a Contrario theory, John R. Bowen's legal harmonization theory, Menski's legal pluralism theory, and Ratno Lukito's non-conflict approach theory. The findings of this study reveal that the practice of Kromojati marriage creates harmonization between Living Law, Islamic law, and positive law through the role of Living Law in regulating marriage procedures from pre- to post-wedding, Islamic law dominating the nikah (wedding) ceremony, and positive law ensuring compliance with state regulations. Factors that support this harmonization include the leadership of community figures, legal administration, societal awareness and acceptance, the need for a more conservative environment, effective communication, and supporting regulations. The harmonization of the three legal systems in the daily lives of the Bohol Village community is reflected in their adherence to positive law, religion, and customary practices. This is evident in activities such as communal cooperation, religious events, adherence to state regulations, and the spirit of environmental conservation through teak planting, all of which support village development and community welfare.

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