MARRIAGE PROCESSES OF KHALWAT PERPETRATORSIN CUSTOMARY LAW IN ACEH

Abstract

Custom is an unwritten norm, at the same time it is not something that can be said to be standard, but it is very strong and binding so that members of the community who violate it will be subject to harsh sanctions, even if not directly. Within the jurisdiction of the Aceh Province there have been several cases of khalwat violations committed by young people who were eventually married off by the local customary authorities, both from their own region and from other regions. In settling the case, the community leaders took their own way which is the customary law that applies among them, namely by first identifying the case and then getting married. In examining the problem of how to identify khalwat cases and marriages, the authors used a qualitative research method with a phenomenological approach. The results of the study concluded that the method of identifying khalwat cases was carried out by the community by arresting the perpetrators of khalwat and then bringing them to the village office for investigation. After this has been done, if it is proven to be khalwat,then the traditional leaders will hold a trial by presenting the families of each perpetrator, and the two perpetrators must undergo the applicable customary law process.As for solving the case by means khalwatperpetrators married by traditional leaders in accordance with village regulations(qanun) which have become customary punishments or sanctions for the local community.