OTORITAS NINIAK MAMAK DALAM PERKAWINAN STUDI KASUS DI KENAGARIAN CINGKARIANG KECAMATAN BANUHAMPU

Ihram Ahmed Siregar, S.H., NIM.: 22203012097 (2024) OTORITAS NINIAK MAMAK DALAM PERKAWINAN STUDI KASUS DI KENAGARIAN CINGKARIANG KECAMATAN BANUHAMPU. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The authority of niniak mamak in the Minangkabau community of Kenagarian Cingkariang is a tradition passed down through generations and continues to be upheld today. This practice, particularly in the context of marriage authorization, is respected by the community despite not being regulated in Indonesian positive law, such as the Compilation of Islamic Law (KHI) and Law No. 1 of 1974 on Marriage. The persistence of this adat reflects the deep meaning the community attaches to the role of niniak mamak, allowing the tradition to endure over time and remain relevant in the modern era. Based on this, this research seeks to answer two main questions: first, how does the community perceive the authority of niniak mamak in Kenagarian Cingkariang? Second, what are the factors that contribute to the continued persistence of the authority of niniak mamak? This research is field-based, employing an empirical sociological approach. Data collection techniques include observation, documentation, and in-depth interviews with niniak mamak, members of the Kerapatan Adat Nagari (KAN), and the Kenagarian Cingkariang community. The data analysis utilizes Max Weber's theory of authority and Talcott Parsons' structural-functional theory as analytical frameworks. The findings indicate, first, that the community of Kenagarian Cingkariang views the authority of niniak mamak as guardians and drivers of tradition, maintaining a balance between traditional practices and societal needs. Niniak mamak are seen not only as implementers of tradition but also as protectors of family and community values. Their authority is valued for ensuring that marriages adhere to prevailing traditional norms. In the context of marriage in Kenagarian Cingkariang, niniak mamak hold authority as marriage consents, traditional overseers, and marriage advisors. Second, the persistence of niniak mamak authority in Kenagarian Cingkariang can be attributed to their adaptability to social changes and evolving societal dynamics. A key factor supporting this authority is the formal backing provided by traditional structures, as outlined in West Sumatra Regulation No. 7 of 2018, and the Kerapatan Adat Nagari (KAN), which reinforces the position of niniak mamak. Furthermore, the flexibility of niniak mamak in balancing modern values with traditional roots helps them maintain the relevance of their roles in a constantly evolving society.

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