Interlegality of Marriage Law: Tracing the Dynamics of Sumbong Marriages Practices in Jambi

This article explores the position of customary law before state law and Catholic religious law regarding marriage in Mangggarai, Flores, Indonesia. This study applied a critical analytic approach. This study found that the legal position of Manggarai adat concerning marriage is weaker and tends to be marginalized. It happened because state law explicitly Law No. 1 of 1974 concerning Marriage merely accepting the legality of marriage based on religious law and not customary law. Meanwhile, religious law, in this case, Catholicism, does not provide space for customary law in matters of marital legality. As a result, many married couples who have been bound their marriage according to customary law experienced injustice as their marriage was considered illegitimate according to religious and state law. However, this research found many positive contributions of customary law to the process, legality, and integrity of marriage. Therefore, this study recommends that the Indonesian Marriage Law and Catholic Religious Law need to accommodate customary law in marriage, taking into account human rights and justice principles. Both laws need to be revised so that they can place local customary law in an equal position.

Customary Law and the Nationalist Project in Spain and Peru

Background: The legal exception in the study of legal pluralism revealed in this article is not in the context of procedural law. This study highlighted the use of “exception” term. Legal exception is defined as an exception or not included in one carriage of legal reasoning. Through the judge's court decision No. 089/Pdt.G/2010/PA.GM on the Application for Polygyny Permit. Purpose: This paper aimed to explore and analyze the legal exceptions on plurality legal context of Indonesia related to the issue of hypersexuality and gender justice in polygyny case of Sasaknese Muslim Mariage in Lombok West Nusa Tenggara. Methods: A qualitative normative approach is employed; departing from the legal facts spesifically in Giri Menang Religious Court, the analysis and discussion applyed in this paper are the reasoning, paradigm, approach, and flow of socio-legal studies in law and society issue. Results: The findings indicated that the partiality of the judge's reasoning by ignoring the term legal exception in the context of legal pluralism. The judge's decision on the polygamy permit was not based on real legal rationality, but due to the applicant experienced by hyper sexuality. The odd thing of judge's reasoning only considers State Law and Religion, and ignores the Customary Law of Sasak marriage. While the Indonesian marriage law, there is no law that permits a husband to engage in polygamy based on the hypersexuality or other suffers deseases of husband. However, the law allows a husband to be polygamous on the basis of an incurable disease of the wife. Implication: The serious implication of this study espoused the distortion of the existence of customary law due to the strongest hegemony of state and religious law. Therefore various further studies are needed to reveal the relevance of customary law to positive law in Indonesia. Originality: The novelty presented in this article are the response of religious court judges to the existence of legal plurality in Indonesia, namely State Law, Religious Law, and Customary Law. The court decision emphasized that judges obey only for state and religious law, and ignored for the customary law. Even though the legal plurality of Indonesian society is directly protected by the constitution

Purpose: Religious (Islamic), state and customary laws in Indonesia offer the same concept with different indicators. Islam offers the aspects of religion, descent, wealth, and beauty as elements to be considered. The state adds the aspect of age as a physical and psychological consideration for couples facing marriage. Customary law accommodates all of them by requiring the requirement of customary social strata in marriage. The praxis dialogue of the three laws above in Sasak tribal society is the object of study in this research. Theoretical Framework: Equality in marriage is a religious teaching, some of which is also constructed in local cultural values. The meeting of religious and cultural values sometimes does not go hand in hand, and gets resistance from the community. Conflict theory, social change, and Islamic methodology are used as basic theories. Method: The research used qualitative descriptive-analytical method, by observing the words, actions, and feelings of the informants in the research. Documentation and interviews were used to find the deepest things object of the research. Results: The study found that the equality required in the Sasak traditional marriage system aims to maintain descendants well and intact. However, the social strata requirements imposed in Sasak society have an impact on injustice on the female side and ignore the value of equality between humans. Marriage with mandatory equal conditions in social strata is widely ignored and resisted by the community. Social changes that cover the education system, economy, politics, communication, culture, technology, and other elements of novelty are a trigger for dialogue and resistance to the mandatory requirement of equality in social strata in Sasak traditional marriage. Religion and the state safeguard the legal needs of the community based on equality, justice and partiality. Conclusions: In principle, both religious law (Islam), customary law and state law aims to protect citizens and help them to achieve the goals of marriage. However, the meeting of the local values of a particular culture with the universal values of religion and the state is often not in harmony. Local culture values are still restrained by the old culture (feudalism), while religious and state laws tend to be open. With the opening of access to education, the mindset of the community has changed, which is also in line with the accelerated development program in Lombok.

Problem statement: The increase in cases of child marriage in Indonesia has generated systemic issues from both social and economic perspectives, as well as concerning the fulfilment of children's rights. Various legal instruments have been established to prevent child marriage, including the elevation of the minimum marriage age for both men and women as stipulated in Law No. 16 of 2019, which amends Law No. 1 of 1974 concerning Marriage, alongside the enactment of the Child Protection Law and various derivative regulations. Objective: This study aims to elucidate the tension between state law, the interpretation of religious texts, and the socio-empirical practices surrounding child marriage in Indonesia, while also seeking to identify strategies to reduce child marriage rates in the country. Methods: This research employs a descriptive approach, conducting a case study in Jepara, Central Java, using qualitative data collection methods, which are analysed through the iceberg analysis model and U Theory, alongside a sociological normative framework. Results: The findings of this research are as follows: first, various policies aimed at reducing the child marriage rate in Indonesia, implemented through state laws and regulations, have proven insufficiently effective, as they have not been accompanied by strategic, implementable, cross-sectoral, and sectoral policies and programmes. Second, religious texts pertaining to the minimum marriage age are not explicitly defined within Islamic law, leading to diverse interpretations; these texts tend to be understood in a textual rather than contextual manner. The tension among the three legal axes (positive law, religious law, and customary law) has contributed to the perception among certain members of the public, religious leaders, and government officials that child marriage retains a degree of legitimacy within Islamic law. Conclusion: Strategies to reduce child marriage in Indonesia must be developed in a comprehensive, integrative, collaborative, and cross-sectoral manner, involving all stakeholders, including the executive, legislature, judiciary, youth groups, parents, religious leaders, community leaders, teachers, and educational institutions.

Bali, as a province with strong roots in local cultural traditions and significant economic importance for Indonesia, is striving to balance modernity and tradition, economics, especially mass tourism, and cultural identity. This is why Universitas Warmadewa, one of the largest Balinese universities, chooses the theme ‘Local Wisdom and Business Law’ for its international conferences each year.As a non-Indonesian legal scholar, this theme presents two challenges for me. Firstly, I am not an expert in tourism economics and can only approach the topic from a traditional market law perspective, theoretically. Secondly, the terms used in Indonesian legal discussions may seem vague and unclear from a German perspective, as the legal discussion in Indonesia integrates traditional legal phenomena pragmatically into the applicable legal system. This may also be historically conditioned because since independence Indonesia has to handle a legal pluralism in law, which also finds its cause in the legacy of the colonial era.When speaking on the legal perspective of ‘local wisdom’, several questions are unclear to me:What exactly is local wisdom and how can it be defined?Where does it fit into the Indonesian legal system?What role can local wisdom play in contemporary law?Local wisdom may be understood as part of traditional customary law or Adat, at least in terms of its influence on legal issues, as the conference theme suggests. The terminology around ‘customary law’, ‘Adat’, ‘indigenous law’, or ‘living law’ is still a problematic issue in Indonesian scientific discussion and should only be briefly mentioned in this presentation. The term ‘Adat law’ was originally not used in Indonesian society and was first systematically used by the Dutch. Van Vollenhoven, considered the ‘father of Indonesian Adat law’ by Indonesian scholars, defined Adat law as law that is not based on codified legal rules from the legislator. This definition is still used by contemporary Indonesian scholars. Adat law in this sense contains sanctions, making the character of ‘law’. It was characterized by Van Vollenhoven as dynamic and flexible folk law, which combines the term with the often-used term of ‘living law’. There are numerous discussions in Indonesian literature about Indonesian customary law, its functions, and significance, but the terminology has not been clearly defined and the role of religious law is also subject to numerous publications.Therefore, having read various contributions on the topic, I am left confused because some of them discuss the existence of legal principles of living customary law and describe them as “national Indonesian principles,” which can replace parts of the post-colonial Indonesian law, but they do not clearly identify these principles. The topic seems to be of almost patriotic importance to Indonesia, making it particularly difficult for foreign scholars to approach the subject in presentations before Indonesian colleagues. My contribution should be seen in light of this difficulty, as a first observation of the phenomenon from a foreign perspective.The term Adat is already difficult to comprehend, and this is even more true for the term “local wisdom” in a legal context. So, what is the “Local Wisdom” that I am asked to talk about? The Terms of Reference of our conference describe the meaning of “local wisdom” mainly as the clash of market actors in local Balinese tourism that can lead to conflicts, which the law should resolve. These conflicts are said to occur because local communities and institutions, based on a kind of traditionally grown trust, seek to build and maintain their business relationships in the tourism industry. This trust, which one could call “traditional good faith,” meets the need to regulate contractual arrangements more formally in terms of contract law (“more official...instead of just relying on promises or good faith”).In this sense, local wisdom is an aspect of good faith. Based on this understanding of the term, I have no systematic issues with the term “local wisdom.” However, it should be noted that good faith and contract, as a predictable shaping of legal relationships between market actors, should not be seen as opposites. It is possible and necessary to resolve disruptions in contractual relationships in light of good faith and, if necessary, adapt contractual regulations. Here, “local wisdom” should not be understood as a unique source of good faith, but as a general aspect that can influence the expectations of the contracting parties and their trust in shaping the law. This raises the question of which factors should be taken into account by the non-local contracting party in good faith, and which should not. It is a question of the concrete assessment of the structure of interests and the balance of the contract, how to allocate risk and assign external aspects to the contracting parties and which aspects should be considered subsequently.This is a theoretical matter, and it is unlikely to play a significant role in practice since local market actors and communities have the freedom, within the framework of private autonomy, to incorporate their traditional interests into the contract negotiations. This allows for traditional interests to participate in the “equivalence justice” of the contract. However, if the traditional interests of the local community result in unacceptable consequences for the contract’s execution, the question of whether these reasons can lead to a change in the contract’s basis may arise. In civil law systems, the clausula rebus sic stantibus is regulated as a limitation of the pacta sunt servanda principle and falls under the principle of good faith (bona fides). If the invocation of “local wisdom” by one party leads to the other party having to agree to an adjustment, it would have to be examined.I would like to give you an example of this, which seems credible even if no prove about the issue can be delivered due to the ‘popular’ source: A person without Indonesian citizenship acquired the right to use a plot of land with a house in Bali ten years ago. Since foreigners cannot acquire land ownership in Indonesia themselves, the foreigner had agreed on a legal arrangement with an Indonesian citizen resident in Bali, in which the Indonesian acquired ownership (hak milik) of the land with the foreigner’s money and agreed on right to use for the foreign partner. After ten years, the foreigner wanted to sell the property again to move to his country of origin. The agreement with the Indonesian partner stipulated that the Indonesian partner must agree to the sale of the plot on the wish of the foreign partner and would receive 10% of the sale amount in the event of a sale. In the case described, however, the Indonesian partner seems to have refused to sell the property on the agreed terms. He was not satisfied with the 10% share and demanded a 70% share instead. As justification for this, he argued that the contract terms should be changed because he had spiritually enhanced the property over the years through certain religious rituals and this required a revaluation of his shareholding.It is not known whether the case was heard in an Indonesian court and how it was finally settled. Assuming the case had occurred as described, from the perspective of Indonesian civil law, it is clear that no change in the business basis of the contract occurred as a result of the Indonesian partner’s spiritual acts, which can lead to an adjustment of the agreement between him and the foreign contractual partner. Just as local communities depend on their interests in cultural identity being taken into account even in legal relations with partners coming from outside, foreign investors must be able to rely on certain standards of contractual obligation. The principle of good faith would be grotesquely overstretched if local contracting partners could use fuzzy notions of ‘local wisdom’ to make contractual arrangements more flexible in their favour.Another example of the clash between traditional legal customs and supra-regional legal ideas in highly traditional markets with supra-regional economic importance, such as Bali, is the handling of legal disputes and methods of dispute resolution. The trust of traditional communities in supra-legal ties of interest in business relationships, as mentioned in the Terms of Reference to this Conference, meets a systemic trust in formal contractual regulations of non-local actors. The reference points of trust of the respective groups of market actors thus differ. This also affects dispute resolution. According to Sulastriyono, the voluntary character of traditional customary law has the advantage over civil law methods of litigation and dispute resolution of a ‘win-win’ solution, which leads to greater acceptance of the solution by the parties to the conflict. In theory, this is undeniable. However, it is questionable whether this acceptance can also be achieved among contract participants who do not originate from the respective culture, because the existence of sufficient advantages for a party may well depend on the integration of the party in the respective local society. Moreover, the indisputable advantages of consensual dispute resolution can also be well integrated in state procedural law via mediation mechanisms.Cases such as the one outlined one above would in principle be likely to erode the confidence of foreign investors in Indonesian law in general if courts do not rule clearly and draw clear boundaries here. The example seems to be a particularly extreme case, but it shows how important it is to clearly determine the meaning and possible role of terms such as ‘local wisdom’ and ‘tradition’ for use in law. Culturally related aspects are prone to serve as a tool for discrimination against individuals and companies that do not belong to the respective cultural environment. The difficulty, for example, of establishing an intellectual property right on cultural heritage follows not only from the contrast between individual subjective rights and collective subjective rights. It follows above all from the problem of determining the collective rights holders who are to benefit from ‘their’ cultural heritage. Who is a member of a certain culture? Is there a generational link or does it depend on the integration of the individual into his or her living environment? If the legal system does not want to fall back to abstruse considerations of ‘blood identity’, what remains is the assignment of such claims to territorial authorities or the state itself, whose task it is to protect cultural diversity on its territory. This is the path that the Indonesian legislature had taken in Art 38 Law No 28/2014 on copyright law.The misuse of cultural aspects carried into the application of law is also visible in another aspect: In another paper I have pointed out the problem that the concept of traditional customary law in Indonesian law and the position of Adat law in the hierarchy of norms seems in need of clarification. Shidarta notes that there is no sufficient clarity about the relationship between Adat law and state law and thus no consistent system of Indonesian law as a whole. Accordingly, the maturation of an independent Indonesian legal system suffers to this day from the internal conflict with the colonial legacy of existing state law based on Dutch civil law and the lack of a consistent overarching pluralistic concept of law. This is seen by Shidarta as a major reason why the systematic positions of customary law, Islamic law and western law within national law are not clearly defined and why a clear hierarchical determination of the various sources of law in relation to national law is lacking. The doubts about the systematic location and certainly also the failure to establish the principles of traditional customary law as original Indonesian law after the attainment of independence instead of the sources of law inherited from the colonial period are probably due - in addition to the idea of the state founders of an Indonesian unitary state (‘eenheidstaat’) - above all to the disagreement about the concept of customary law, which is formally understood in the sense of a binding source of law defined during the colonial period, or as post-colonial Adat law in the sense of traditional customary rights of various Indonesian ethnic groups either with a binding character or as norms of social order based on voluntariness. In this respect, too, different definitions of the term can be found in the literature:There is thus generally a more philosophical recognition of the importance of traditional customary law in the sense that customary law reflects the actual sense of law of the people and the Indonesian people as a nation. The latter statement seems problematic to me because the statement only applies with regard to the significance of customary law as a source of law, but not to the content of the individual customary laws of the various ethnic groups, in which different legal customs apply in each case. It therefore seems questionable to me whether Adat law can be understood in the sense of an alternative to Indonesian state law. In my opinion, Adat as a source of concrete legal norms has a supplementary development perspective in the communal area. Here it can certainly have an influence on economic life in the regions if it is applied consistently and transparently, and its importance would grow especially if the autonomy of municipal territorial units were strengthened, and a strong federalism were developed. However, a scientific inventory of norms and principles of local customary law is then required, and a clear formulation of such norms is needed, because it must be ruled out that the invocation of undefined, non-transparent or arbitrarily formulated Adat rules unduly restricts the freedom of market actors and are used as protectionist instruments in the provinces.In this sense, I believe that the postulate that Indonesian law must simply recognise Adat law as it has grown and as it is applied alive within the Indonesian local societies falls short, because the compatibility of social rules based on voluntariness and constantly changing with the overall legal system based on the rule of law is at least debatable. In other words: either one renounces the legal certainty and predictability of legal norms in the area of traditional customary law. This could then constitute a breach of the constitutionally enshrined principle of the Rule of Law. Or one formulates clear norms based on traditional legal principles, which have the character of binding legal norms and applies them in the sense of subsidiarity in the local environment with priority over central state law in certain predefined aspects. Then the rules of the hierarchy of norms must be correspondingly clear. However, the question of the hierarchy of norms then no longer presents itself as a problem of the nature of Adat or customary law because the latter would have lost its character as actual customary law. The advocates of a strong recognition of Adat by state law will, however, reject this path because they see the advantage of traditional customary law over state law precisely in its flexibility and ability to change. This flexibility would no longer be readily available through an integration of traditional principles into a local classical law in the sense of imperative norms.A clear hierarchy of norms defined by constitutional law seems indispensable, because such local customary law cannot displace state law without further ado, but only if the principle of subsidiarity and the better regulation of local circumstances by local law indicates otherwise. This would also be in line with the philosophical assessment of local customary law as the law that best captures the living conditions of the people in its cultural area of application. The importance of the principle of subsidiarity should generally be given more attention in the discussion on legal pluralism in Indonesia. This can not only ensure greater recognition of traditional customary law, but also enable the transparency necessary for the predictability of the law.Insofar as Adat is to be understood as the source of ‘abstract normative’ aspects, as certain common Indonesian legal values and principles in the sense of a ‘pan-Indonesian’ legal order and, as such, is to find its way into an independent state Indonesian civil law, legal scholarship in Indonesia will also have to identify and clearly define these principles. In doing so, it will be necessary to determine which principles of traditional customary law in the various regions of the archipelago are suitable as overarching legal principles, so that they can possibly have an identity-forming effect in a national private law. This difficult process might lead to reform of the Indonesian Civil Law which meets the special requirements of a socially and culturally integrated legal system.Indonesia as a state with a unified internal market needs a cross-cultural private law and commercial law. Consideration of the interests of local communities and traditions is of importance in a multicultural state. The Indonesian constitution therefore emphasises the specifics of traditional rights and thus guarantees Adat its own status in the legal system. However, there seems to be a lack of a clear hierarchy of norms in the legal system and a clear definition of the nature of Adat. A hint of a certain hierarchy between Adat and state law is indeed found in agricultural law (Art. 5 Law No. 5/1960 on the Basic Regulations of Agrarian Principles) and in forestry law (Law No. 41/1999 on Forestry). Adat is recognised here but must harmonise with state law. It is therefore likely to be in a relationship of subsidiarity to state law. The fundamental assertion of the primacy of state law over other co-existing legal systems is also in line with the view of Indonesian legal scholars such as Sunaryati Hartono. Referring to Griffiths’ formulation of “weak legal pluralism”, where co-existing legal systems are subordinated to a dominant formalistic national law, it can be stated that the Indonesian legal system follows this model.In my opinion, the integration of traditional customary law into the legal system should not be done as a mere tolerance of state law towards deviating regulations of facts in certain regions. From my perspective as a foreign observer, this seems to lead to significant problems for the development of the Indonesian economy and for investment. In particular, this seems to me to be the case for Bali. Local Wisdom can be incorporated into the contractual relations of the parties within the framework of private autonomous arrangements. A ‘creative’ qualification of protectionist measures against outside market actors or the justification of the failure to sanction breaches of contract or violations of law against outsiders as ‘Adat’ or ‘protection of local traditions’ should be consistently avoided.Incidentally, it seems to me that in contract law there is no real opposition between state law and traditional customary law. Either the parties trust each other, in which case state law does not prevent an agreement based on good faith. Or they do not, in which case only state contract law can lead to proper solutions. The same applies to traditional dispute resolution methods, to which the parties to the conflict can easily submit. In contrast, the integration of customary law as independent Indonesian legal principles or as legal norms at the local or municipal level into Indonesian law would require considerable academic effort. For this, the principles concerned would have to be clearly identified, systematised, and formulated to be able to substantiate a claim to validity beyond the respective local communities. The mere reference to historically evolved convictions of local communities is too vague. The term ‘local wisdom’ seems to me to be problematic in this sense to accurately describe the question of the collision of traditional customs and expectations of outside market actors, especially since it is already conceptually positively evaluative. Finally, it should not be forgotten, that the continental European codifications are culturally neutral and in big parts based on the Roman law. Roman law itself was not developed under the cultural framework of northern and middle European regions, however it served well as source for the modern European codifications. These codifications are working fine until these days in different nations without obvious incompatibilities with local traditions. The amount of a ‘Volksgeist’ after the idea of Friedrich Carl von Savigny within the Private Law does not play a big role in the contemporary discussion as law should be seen in a pragmatic way as a viable tool to organize the modern society. Indonesia is an important economically emerging nation. As such it might be a good idea to keep an internationally compatible private law, which might be carefully adapted to certain peculiarities of the Indonesian society. The use of general clauses as entrance doors for local legal convictions seems to be a good way for that and a clearly defined legal hierarchy with a constitutionally based legal subsidiarity principle seems important. In contrast, the foundation of modern law on nationalistic, local, or indigenous traditional customs should only be done with extreme caution, if at all. The contemporary discussion on the role of Adat in Indonesian law shows the great difficulty of determining viable legal rules that can enter a future reformed Indonesian private law as ‘originally Indonesian’. The criticism against Von Savigny’s ‘Volksgeist’ idea also applies here: Defining who the ‘people’ are and what constitutes their common identity is already hardly rationally possible in a non-multi-ethnic state, even more in a multi-ethnic state. National identity-forming circumstances are hardly suitable as common principles for pluralistic societies.

This paper comprehensively examines the system of customary law (hukum adat) in Indonesia and the influence of religion on the formation, development, and implementation of the national legal system. Customary law, as the indigenous legal system of the Indonesian people, has existed long before the arrival of colonial influences and major world religions such as Hinduism, Buddhism, and Islam. Historically, hukum adat not only served as a social guideline but also as a reflection of the nation’s moral, spiritual, and cultural values. Its evolution has undergone significant transformations—from the Hindu–Buddhist kingdoms that marked the early integration of religious and customary norms, to the Islamic kingdoms that produced a syncretic blend of syariah and customary law, and finally, to the Dutch colonial period which institutionalized legal pluralism through the Western legal system. Following Indonesia’s independence, a major challenge arose in unifying the various legal systems into a coherent national legal framework grounded in the values of Pancasila and the 1945 Constitution. Religion, as a source of ethical and moral principles, has exerted a profound influence on the substance and philosophy of Indonesian law. Islamic law, for instance, has significantly shaped family law, civil law, and Islamic economic law, while other religions have also contributed to the moral and philosophical dimensions of national law. In the modern era, globalization and legal modernization pose new challenges to maintaining the relevance of both customary and religious law amidst demands for universal justice and efficiency. This study aims to analyze the historical roots, interrelations, and harmonization potential between customary law, religious law, and the national legal system. Using a historical-philosophical and normative approach, it seeks to formulate an ideal concept for developing a national legal system that remains rooted in Indonesia’s cultural identity. The findings indicate that the integration of customary and religious law into the national legal framework is not merely a juridical process but also a cultural and philosophical one. Therefore, the construction of national law must always be grounded in spirituality, local wisdom, and social justice as embodied in Pancasila as the ultimate source of all Indonesian law

Child marriage remains a complex issue within Indonesia’s multicultural legal system. The lack of synchronization among state law, religious law, and customary law creates a significant space for legal contestation, particularly in the practices of marriage dispensation and marital validation (isbat nikah). This study aims to analyze the dynamics of legal contestation among these systems using a normative-empirical legal approach through the examination of legal documents, regulations, and critical legal literature. Employing John Griffiths’ theory of legal pluralism, the study reveals that the Indonesian state tends to adopt a form of weak legal pluralism, recognizing religious and customary laws only to the extent that they do not contradict state law. The primary academic contribution of this study lies in its detailed exploration of how local and religious norms influence judicial decisions regarding dispensation and marital validation—an area that has received limited critical scrutiny in previous studies, which largely focused on formal normative analysis. This research also highlights the inadequacy of uniform national legal policies in responding to the diversity of grassroots social norms. Therefore, it advocates for a reformulation of legal approaches that are more participatory and context-sensitive through inclusive dialogue among state authorities, religious leaders, and customary communities. Such an approach is essential to ensuring the fair and sustainable protection of children’s rights within an adaptive legal pluralism framework that reflects Indonesia’s social realities.

A secret marriage is considered invalid by the state, therefore, children born from this marriage are considered as children born out of wedlock. This is different from the religious perspective. This opinion is based on article 43 paragraph (1) of the Marriage Law which states that "Children born out of wedlock may only have a civil relationship with their mother and their mother's family. Therefore, a secret marriage will annul the rights of the wife and children. However, there are quite a few implementations of marriage in regions where the implementation of marriage is only based on religious law and customary law, without involving the Marriage Registrar so that this marriage is considered a secret marriage which often causes losses to the wife and children born. The lack of guarantees of civil rights as a result of a secret marriage results in the child not getting citizenship status, and the child only has a civil relationship with the mother and her mother's family, which in turn bears the burden of child maintenance costs.Married couples must comply with religious and state laws. In Islamic law, marriage must fulfill the pillars of marriage which include prospective husband, prospective wife, marriage guardian, two witnesses, ijab and kabul, while state law requires that the validity of the marriage must be registered in accordance with applicable laws. However, there are many implementations of marriage in regions where the implementation of marriage is only based on religious and customary laws, without involving Marriage Registrars so that this marriage is considered a secret marriage which often causes losses to the wife and the children born. The lack of guarantees of civil rights as a result of a secret marriage results in the child not getting citizenship status, and the child only has a civil relationship with the mother and her mother's family, which in turn bears the burden of child maintenance costs.

This paper aims to examine the juridical basis for the application of Acehnese customary law, the mediation mechanism of Aceh Tamiang customary law in resolving minor disputes. The study of this paper used empirical research methods, using the theory of legal pluralism. Data were collected by means of in-depth interview and document study. Interviews were conducted with customary stakeholders, while the documents analysed were news of peace events in Aceh Tamiang. The findings reveal that the juridical basis for resolving minor disputes is based on the Law, the Qanun, and the Joint Decree between the Governor, the Aceh Regional Police Chief, and the Chair of the Aceh Customary Council (Majelis Adat Aceh). In Aceh Tamiang, the customary law mediation mechanism in gampong (village) and mukim (township) customary justice is generally carried out by reporting, requiring the presence of the parties to the dispute as well as the witnesses, and being open to the public. However, exception occurs for special disputes, in which according to custom and propriety must not be open to the public, and there is no charge whatsoever. Among the minor disputes that have been successfully resolved through gampong customary courts are domestic violence, inheritance disputes, land ownership, the construction of Telkomsel towers, and traffic accidents. The resolution of minor disputes in Aceh Tamiang from the perspective of legal pluralism has been carried out harmoniously and correlates between state law, customary law, and Islamic law. State law provides an opportunity for customary law to resolve minor disputes, and if it is not successful, then state law will take over. Further, dispute resolution in customary law is also in accordance with the values of Islamic law, which also prioritizes peace or al-sulh. This corresponds to the Acehnese proverb that states “adat ngen hukom lage zat ngen sifeut” which means the relationship between customary law and Islamic law is like a substance with its inseparable properties.

This study explores the complexity of marriage for people in Manggarai. Since they are citizens of the cultural community of Manggarai, Indonesian citizens, and members of a Catholic community, their marriage is required to follow the provisions of customary law, religious law, and state law. Using a library and ethnographic approaches, the study compares these laws on the legality of marriage and analyzes their differences and the impacts on the rights and obligations of married couples and children born to the couple. The study discovered that the differences in the provisions regarding the validity of a marriage between the three laws have provided space for the emergence of legal uncertainty and discriminatory treatment of customary marriages which are not legalized by religious law and state law as well as marriages that are divorced civilly but are still valid according to Catholic rules. Such a phenomenon is certainly a portrait of failure or incompetence in the attempt to unify marriage law in Indonesia through Law No. 1 of 1974 concerning Marriage. So it is urgent to have a more comprehensive new law that accommodates the wisdom of local customary law and provides protection for every citizen

This study aims to explain the history of harmonization of Customary Law, Islamic law, and state law in the Rejang community by using the socio-legal method, namely an approach that collaborates legal research approaches with non-legal approaches, namely social sciences, anthropology, and history. The results of the study show that harmonization between customary law, Islamic law and constitutional law is urgently needed as an effort to fulfill the rights and needs of every citizen, including indigenous peoples, and to create solutions to customary problems that cannot be resolved by national law. In the Rejang community, harmonization between customary law, Islamic law, and state law is manifested in a customary law forum called Jenang Kutei. The Jenang Kutei trial has become a space for the Rejang people to realize their customary law values based on Islamic religious law, which has received support from the local government in the form of legal recognition in the form of regional regulations. The results of the research show that the existence of Jenang Kutei in the Rejang community can create harmonization between customary law, Islamic law, and state law

This research examines the interaction between customary law, Islamic law and state law in the context of marriage in the Sasak community, Lombok, Indonesia. Through a descriptive qualitative approach, this research collects data using in-depth interviews, participant observation, and documentation studies to understand the complex dynamics of interlegality. The research results show that the Sasak people actively navigate the tensions and synergies between the three legal systems in their marriage practices. Legal conflicts often arise from differences in the interpretation and application of customary, Islamic and state law, especially in aspects of dowry, inheritance and child custody. The Sasak people use mechanisms such as mediation by traditional and religious leaders and adaptation of customary legal practices to resolve this conflict. This research provides important insights into how multicultural societies such as the Sasak manage their legal diversity, which can help in the development of legal policies that are more inclusive and sensitive to cultural diversity in Indonesia.

Marriage Problems in Indonesia before The issuance of Act No. 1 of 1974 concerning Marriage as a State law was regulated in the customary law of each customary law community. Regarding the terms and validity of the marriage submitted to their respective religious law. Therefore, whether such marriage is permitted or not is determined by the laws of each religion. After the issuance of Act No. 1 of 1974, same-sex marriage has not been regulated, but their existence as citizens is not differentiated from other citizens, such as the right to life, the right to work, the right to use the right on politic, the right on education, the right on economy. Therefore the research problem that needs to be studied is how the marriage is seen from the perspective of Human Rights and from the perspective of State Law? The research method used is in the form of normative legal research and empirical legal research with statute approaches, analytical approaches, case approaches, and legal anthropology approaches. Data is then analyzed using hermeneutic and qualitative techniques. Marriage in customary law and state law can only be done between men and women in Balinese customary law are known as <i>purusa</i> and <i>predana</i>, with the main goal of continuing a generation which according to Balinese customary law is called <i>suputra</i>. Marriage is having the aspect of religious, sociological, and juridical. While the tendency shows, same-sex marriage is done by falsifying documents of self-identity so that it is against the state law and customary law which include religious laws. Therefore, those who are only interested in the same sex must make gender choices as part of human rights when they are married to a single status as a male and the other party has the status of a woman who can be legally represented by various documents, as well as sociologically reflected as husband and wife and can be accepted in the community where they are resided.

The present study intends to investigate the coexistence of customary law and Islamic law in doro tradition of Minangkabau Tribe. It poses three research questions as follows: (1) How is the philosophy of “Adat Basandi Syarak, Syarak Basandi Kitabullah” manifested in the doro tradition?; (2) In which ways do the customary law and Islamic law coexist in the doro tradition?; (3) How are the implications of doro tradition in the prevention of adultery vis-à-vis the principles of justice and human rights? The research used a qualitative design and gathered the data through observation and in-depth interviews. The findings show that the doro tradition refers to, and thus, accentuates the Minangkabau philosophy of “Adat Basandi Syarak, Syarak Basandi Kitabullah, Syarak Mangato Adat Mamakai”. The coexistence of customary law and Islamic law in the tradition occurs is emphasized in the implementation of caning and cumulative fines. The doro tradition is regarded as very effective as a punishment for adultery cases, as it also does not conflict with the principles of justice and human rights.