OTORITAS ADAT, AGAMA DAN HUKUM DALAM PRAKTIK PERKAWINAN DI BAWAH UMUR DI LOMBOK TENGAH: DINAMIKA PENERAPAN KETENTUAN USIA MINIMUM DAN ADMINISTRASI PERKAWINAN

Arif Sugitanata, NIM.: 22303012012 (2025) OTORITAS ADAT, AGAMA DAN HUKUM DALAM PRAKTIK PERKAWINAN DI BAWAH UMUR DI LOMBOK TENGAH: DINAMIKA PENERAPAN KETENTUAN USIA MINIMUM DAN ADMINISTRASI PERKAWINAN. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The phenomenon of underage marriage in Central Lombok reveals a tension between state regulations and the customary marriage practices embedded within the community. Arising from this issue, the present study aims to uncover the reasons behind the persistence of customary marriage practices that diverge from the state's minimum age requirements, explore their impact on the fulfilment of spousal rights and obligations in household life, and explain the extent to which traditional and religious authorities shape societal understandings regarding the application of the minimum age of marriage. This study also seeks to examine the responses of legal authorities, namely the Office of Religious Affairs (KUA) and the Religious Court, to the practice of underage marriage in Central Lombok. This research adopts a socio-legal approach within a qualitative framework, employing descriptive, analytical, and explanatory methods. Data were collected through in-depth interviews with 38 informants, including traditional leaders, religious leaders, underage couples, the parents of underage couples, local community members, KUA officials, and judges from the Religious Court. Direct observation of customary marriage practices and an examination of legal documents, such as Religious Court rulings and KUA archives, were conducted as part of the primary data collection process to reinforce and deepen the field findings. The analysis of field data draws upon social construction theory and the theory of hidden transcripts to examine the dynamic interplay between state law and local values. This study finds, first, that the people of Central Lombok preserve the practice of customary marriage (merarik) because they believe readiness for marriage is indicated by practical skills such as weaving, farming, or herding, which signify maturity, rather than by biological age. Second, the practice of customary marriage has a positive influence on the fulfilment of rights and obligations between spouses within the household. The division of roles based on skills not only signifies marital readiness but also strengthens economic independence and domestic responsibility. Customary marriage rituals such as nyelabar, begawe, and nyongkolan further reinforce inter-family bonds and establish social support networks that underpin household cohesion. Third, public understanding of the minimum age for marriage is shaped by traditional and religious leaders. Traditional leaders instil values of marital readiness based on practical skills as a symbol of maturity, while religious leaders (tuan guru) interpret it through the attainment of baligh and provide religious legitimacy for customary marriage practices, thereby contributing to the occurrence of underage marriage. The community does not explicitly reject state law but circumvents it through the daily reproduction of cultural values, such as unregistered marriages legitimised through customary practices, which constitute a form of hidden transcript in response to state regulations. Fourth, in response to underage marriages resulting from customary practices, the KUA refuses to register marriage intentions of couples who have not reached the minimum age and directs them to apply for a marriage dispensation through the Praya Religious Court. The Religious Court of Praya processes applications for both marriage dispensations and marriage validation (isbat nikah) in accordance with procedural requirements. Marriage dispensations are granted based on considerations such as preserving family honour, economic readiness, parental consent, and concerns over the risk of fornication. Conversely, applications are denied due to physical and mental unpreparedness, the risk of dropping out of school, and the potential violation of children's rights. Isbat nikah is also granted for couples who married under customary law after both parties have reached the administrative age. The findings of this study lead to a key point that constitutes its scholarly contribution, namely the revelation of how society and the state construct a space of compromise through cultural legitimacy and administrative practices in relation to underage marriage.

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