AGEN KULTURAL MASYARAKAT MINANGKABAU PADA PRAKTIK MEDIASI SENGKETA RUMAH TANGGA DI BUKITTINGGI

Fathan Fadhlullah, S.H., NIM.: 23203012023 (2025) AGEN KULTURAL MASYARAKAT MINANGKABAU PADA PRAKTIK MEDIASI SENGKETA RUMAH TANGGA DI BUKITTINGGI. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The phenomenon of divorce within Minangkabau society is not perceived merely as a private matter between husband and wife but as a social issue that touches upon the honor (marwah) of the extended family and the dignity of the kaum (clan). Consequently, its resolution never occurs solely within the realm of formal legal mechanisms. The mandatory mediation process in divorce, as regulated by positive law, intersects with the customary dispute resolution tradition that positions the mamak (maternal uncle) as the primary mediator within Minangkabau social structure. This condition creates a unique socio-legal dynamic in which mediation practices in the Religious Courts are not entirely detached from the influence of customary norms and religious values embedded in society. Thus, the Minangkabau context offers an important domain for examining how mediation operates within the reality of legal pluralism. This research employs a qualitative method with an anthropological legal approach. Data were collected through in-depth interviews with judge mediators, non-judge mediators, and cultural agents (mamak or traditional leaders), supported by documentation of relevant regulations and scholarly literature aligned with the research focus. The analysis was carried out using a descriptive-analytical method to interpret mediation practices in relation to social relations, customary structures, and the formal legal framework influencing them. The findings reveal that, first, cultural agents particularly the mamak hold a central role in resolving domestic conflicts, functioning not only as mediators but also as guardians of social stability and protectors of clan honor. Second, mediation practices at the Bukittinggi Religious Court demonstrate ongoing interaction and negotiation between customary norms, religious values, and positive law, whereby mediators strategically integrate legal procedures with cultural approaches to ensure social acceptance of mediation outcomes. Third, although mediation often leads to harmonization between customary and formal legal norms in promoting peaceful settlement, normative tensions still emerge when customary authority and state authority confront each other in determining legitimate resolutions. These findings affirm that mediation in Bukittinggi cannot be understood solely as a legal mechanism but must also be viewed as a social practice that reflects the workings of legal pluralism within the settlement of family disputes in customary communities.

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