Customary Provisions Research Articles

Pulang Bale Marriage Traditions and Child Care Issues: A Study of Ḥaḍānah and Family Resilience in Aceh

Pulang bale refers to a marriage that is carried out after death of the spouse (either husband or wife) with his/her siblings. This article aims to analyze pulang bale marriages in Aceh in relation to child protection. The facts so far show that many marriage models do not support their protection. To elaborate on this, researchers will highlight how this marriage typology can ensure support for the ḥaḍānah and how this typology encourages family resilience in protecting the children. Data was obtained through in-depth interviews and observations using qualitative technical analysts. This research used a Fiqh Munākaḥah and a sociological approach. The results of the research were; first, marriage strengthens the ḥaḍānah of children due to blood relationships (musaharah) and emotional between the child’s mother and stepmother. Second, family resilience is strengthened by the same extended family and there is minimal chance of conflict both economic and social. As a finding, pulang bale with the applicable customary provisions is a marriage typology that strengthens the family's commitment and resilience

Widows’ Rights and Customary Law: Addressing Responsive Law to Divorce Cases of Tolaki Community in Indonesia

This article discusses the tendency to ignore women's rights in customary law practices in the Tolaki tradition, Southeast Sulawesi, Indonesia. Women often become a victim of deprivation of rights by customary legal tradition, such as ex-wife rights in post-divorce and the right to make choices. This article aims to discuss how widows are protected by custom by offering responsive law as a process for resolving marriage and divorce through customary decisions. Normatively, legal divorce settlements can only be processed through religious court institutions. Using a normative-empirical approach, this study has three significant findings. First, the process of resolving family conflicts involves complying with applicable customary provisions that must be obeyed by the Tolaki community. Second, tradition is not the only basis for consideration in the elements for making customary decisions. Third, responsive law can theoretically direct the lives of the people of the Tolaki traditional community by providing recommendations for considerations that are in accordance with the social structure and community relations related to the application of customary law. However, according to custom, widows who are not resolved before a court hearing can be followed up again to immediately register their case in a religious court in order to minimize neglect of the right to terminate a unilateral divorce and the rights of the widow and children after divorce. Under these conditions, offering responsive law is a strategy to balance rights in divorce cases bound by state legal norms.

Metode Pembagian Harta Bersama Pasca Cerai Mati Di Desa Pandanarum Kecamatan Sutojayan Blitar

Joint assets are assets acquired during a legal marriage. Husband and wife have the same rights and obligations over joint property. In the practice of implementing law in the community,especially regarding the distribution of joint assets, there are variations/diversities in accordance with the customary provisions and habits of each region. In this regard, this research is focused on examining the method of sharing joint assets after divorce in Pandanarum Village, Blitar Regency. This research uses a qualitative method with a phenomenological approach, phenomenology is a type of qualitative research that looks at and looks more closely and in detail about individual explanations and understanding of their experiences. Data is collected by data reduction methods, data display, and verification or drawing conclusions. The results of this study indicate that in the practice of the Pandanarum village community, marriages that break up due to death then all assets become inheritance assets. if the husband dies first, then all assets become inheritance and are distributed to heirs based on fiqh provisions. The wife in this case only gets 1/8 if there are children and ¼ if there are no children. Meanwhile, if the wife dies first, usually the assets will not be divided until the husband dies.
 Keywords : Distribution of Wealth, death divorce

Pig Hunting Tradition in Nagari Panta Pauh Matur District Agam Regency West Sumatra

This study entitled "The Tradition of Pig Hunting in Nagari Panta Pauh, Matur District, Agam Regency, West Sumatra". The purpose of this study was to describe the implementation of the traditional pig hunting activities and the function of the pig hunting tradition for the community in Nagari Panta Pauh, Matur District, Agam Regency. The theory used in this thesis is the functionalism theory of Bronislaw Malinowski. The method that the author uses is a qualitative method, with data collection techniques namely observation, interviews and documentation.The results of the study found that there were two stages in carrying out pig hunting, namely preparation before hunting and carrying out pig hunting. In hunting activities there are functions for the community that we can see, these functions are as follows: a) Environment, the tradition of hunting pigs in Nagari Panta Pauh functions as wild boar pest control. b) Recreation, hunting pigs is not only a hobby for hunters, but also gives satisfaction to those who do it. c) Social, there is cooperation, gathering events and social status. d) Culture, pig hunting can be seen as a form of negotiation against customary provisions which may prohibit men from carrying out certain activities. Through pig hunting, men can find a way to participate in the activities they enjoy without violating existing customary provisions. e) Economy, hunting also has benefits for people in hunting locations, namely by encouraging economic growth through trading activities that occuraround hunting locations.

TRADISI MAANTA KATUPEK DI NAGARI SIMAWANG KECAMATAN RAMBATAN KABUPATEN TANAH DATAR MENURUT HUKUM ISLAM

This research examines how to apply the customs of maanta katupek in Nagari Simawang, Rambatan District, TanahBackground Regency for Islamic law and how Islamic law is studied for the application of maanta katupek in Nagari Simawang, Rambatan District, Tanah Datar Regency. The purpose of this review is to identify and explain how to apply the customs of maanta katupek in Nagari Simawang, Rambatan District, Tanah Datar Regency and to analyze Islamic legal ideas for the implementation of the customs of Maanta Katupek in Nagari Simawang, Rambatan District, Tanah Datar Regency. The research method used is field research, to obtain data from supervised cases. The method of gathering information used is through monitoring and debriefing with KAN leaders, niniak mamak, and husband and wife companions who do not practice the maanta katupek customs. Processing of information was attempted by descriptive qualitative. The results of the research is that after carrying out a marriage or offering sincerity in Nagari Simawang, Tanah Datar Regency, there are customary provisions that must be carried out, namely the customs of maanta katupek, maanta katupek, which is a routine of maanta katupek which is delivered by the husband to the wife's house if the companion carries out walimah , if these customs have not been carried out until the marriage for the husband and wife's companion in a legal custom in Nagari Simawang, Rambatan District, Tanah Datar Regency, it is listed as having an arranged marriage. The conclusion of this research can be concluded that the customs of Maanta Katupek are traditions passed down from generation to generation by residents in Nagari Simawang. The limitation in this research is that researchers only carry out research in Simawang Nagari. suggesting connection research to be a challenge in formulating problems.

PROBLEMATIKA PERKAWINAN DI BAWAH UMUR PADA MASA PANDEMI COVID-19 DI DESA BENGKEL

The number of cases of child marriage in West Lombok Regency experienced a significant increase during the Covid-19 period. From January to July 2020, 15 percent of cases of child marriage were recorded from 5,000 marriages. There are many cases of child marriage in Bengkel Village, Labuapi District, West Lombok Regency. This study aimed to analyze the problems of implementing marriage during the Covid-19 pandemic in Bengkel Village. Meanwhile, the research method used is empirical legal research. The results showed that the issues of implementing child marriage that occurred in Bengkel Village during the Covid-19 pandemic, namely that 2 couples wanted to carry outchild marriage, and 1 couple was prevented by the village by involving the KPAI so that the wedding did not take place. Meanwhile, another couple persisted in continuing their wedding because they did not violate religious or customary provisions. Several factors cause child marriage in Bengkel Village, namely education, economics, and habits. One of the efforts that can be made to overcome these factors is to cooperate with the courts, police, Babin, KPAI, KB, heads of departments, and heads of local hamlets to conduct outreach to underage children in the area.

LEGAL PROTECTION OF CHILDREN OUT OF MARRIAGE REGARDING THE ACQUISITION OF INHERITANCE RIGHTS BASED ON CUSTOM MARRIAGE ACCORDING TO INDONESIAN LEGAL PERSPECTIVE

Marriages are carried out in accordance with applicable customary provisions and the religion adopted is legal according to the Indonesian law. The research method that was used was a qualitative research method. However, this customary and religious marriage without registering it in the Civil Registration is still legal under the law, but it will have an impact on the legal consequences of the child being born. These children will be born with the status of illegitimate child for law administration. This will cause problems in the distribution of inheritance to these children. These children still have thev thev opportunityv to inherit thev propertyv ofv theirv parentsv, if v they varevrecognizedvbyvtheirvfathervand mother. At the same time, they can inherit their mother's property directly in accordance with the law without any acknowledgment at all, because the name listed on their Birth Certificate is a valid proof of heir. Even though they were born as illegitimate children, they are the heirs who are prioritized as the First Class of Heirs. Therefore, legal protection for illegitimate children is needed for their right to receive their parents' inheritance. The result inheritance law protection for children out of wedlock is regulated carefully in the Civil Code, which then the status of children out of wedlock becomes stronger with the existence of Article 43 UUP. The status of this illegitimate child becomes the same as the heir to the first class.

Sistem Pengangkatan dan Hak Kewarisan Anak Angkat Menurut Adat Tionghoa di Kota Jambi

This research is to find out and analyze the adopted child system according to Chinese customary provisions in Jambi. The approach used is the case approach, the concrete case approach that occurs in the field and the sociological approach, namely the legal approach carried out in practice as a determinant, to test the truth of science, using the scientific method. The purpose of adoption itself is to help others. Likewise regarding the right to inherit from adopted children there is no standard provision according to custom, but adoptive parents will give the rights of adopted children according to their abilities. The Chinese traditional adoption ceremony is carried out in a pagoda, and not through other official institutions. And the appointment was very simple, witnessed by the biological family and adoptive parents of two people from the family of the adoptive parents and biological parents. and given a small amount of money on the part of the child, permanent custody of the biological parents

The Impact of Social Media Content on Teenagers Needs Parental and Government Oversight

Dissemination of Positive and Negative Information Among Teenagers. As for the background of the problem, the dissemination of information has sometimes deviated from legal and customary provisions and even violated religious rules. For example, young people post photos of holding hands with partners who are not mahram, besides that there is also the attitude of some young people spreading false information such as narcissistic photos which are sometimes fun to show the strengths they have, or publicize the good they have done. , for example posting clothes or luxury vehicles, selfies at places of recitation or places of preaching and so on. That the information disseminated is very dependent on the information obtained. Because the Teunom people represent what they get from social media, if the information they get is good, it will be good to spread it and vice versa.

HARMONISASI SYARIAT ISLAM DI JORONG KOTO TUO DALAM PELAKSANAAN BIMBINGAN PRA-NIKAH YANG BERBASIS ADAT

This study examines the rules of pre-marital guidance in Jorong Koto Tuo Nagari Salimpaung in terms of Maslahah Mursalah. This study uses field research. The problem is that there are rules issued by niniak mamak in jorong koto tuo which require their children to attend pre-marital guidance at the surau before registering their marriage with the KUA so that there are two pre-marital guidances. -Marriage for children and how is Maslaha Murslah's review of pre-marital guidance for children. This research is field research, the data were obtained through interviews, observation, and documentation, after the data was collected it was processed by reducing the data by focusing on the important things, then narrated descriptively and analyzed inductively. This study found that pre-marital guidance for children in Jorong Koto Tuo was carried out by providing customary provisions for the bride and groom, how to live in the community, and equipping them with religious knowledge as provisions for married life. Pre-marital guidance has a positive impact in the form of additional knowledge as a provision for participating in pre-marital counseling at KUA, helping KUA in forming a sakinah mawaddah warahmah family, easily adapting to the customs that exist in Jorong Koto Tuo, in addition to that, children who are men will be more appreciated by niniak mamak from the wife's family. In addition, there is a negative impact from pre-marital counseling in terms of the time span between the pre-marital counseling held by niniak mamak and marriage registration at the KUA. In terms of costs, the children who have to spend more on transportation costs to attend two pre-marital counseling sessions. Pre-marital guidance in the perspective of Islamic law is permissible because this pre-marital guidance contains benefits because the children receive mature provisions as provisions in household life. legally, the maslahah mursalah is greater than the harm, so this does not conflict with the maslahah mursalah.

Institusionalisasi dan Disfungsi Sistem Hukum Perkawinan pada Praktik Kawin Lari

This study aims to find a network of the phenomenon of the practice of elopement that occurs in the city of Padang. The aim of elopement in this discussion is more intended as an act of institutionalizing elopement in a negative sense, meaning that it violates the rules of religion, the state, and Minangkabau customary provisions which form the cultural locality of West Sumatra Province. The research question that is to be answer are how is the process of forming elopement networks?; what is the service pattern of the practice of elopement?; and what factors trigger the practice of elopement?. Research data obtained from observation, document study and interviews. This study tries to present data and qualitative analysis related to the problem of elopement in the city of Padang, which is the location where the research was conducted. From the research findings, it was concluded that even though it was prohibited by various norms, the existence of elopement services was recognized, the benefits were felt by elements of society, so that it continued to be accepted as a pattern of behavior and action as an alternative to marriage with various variant factors.

Muslim women adhering to Minangkabau’s bajapuik tradition in Cirebon, West Java: compromizing a gendered culture in Islamic law

Bajapuik refers to a customary engagement (khiṭbah) of the Minangkabau Pariaman community, where the prospective bride’s family gives a certain amount of money (japuik) to the groom’s family prior to a marriage. Islamic law allows a person to give a certain amount of money or gifts in the process of engagement. However, when the engagement is revoked and the marriage fails, the status of the money given during the engagement has been much contested. This study aims to explore and understand the positive relationship between Islamic law in the bajapuik tradition and local traditions. This study focuses on the legal aspects of engagement in the bajapuik tradition viewed from Islamic law and gender analysis. A descriptive qualitative approach was adopted with the primary data obtained through interviews. Data analysis was carried out using a legal approach, a sociological approach, and a philosophical approach. This study concludes that the bajapuik tradition depicts women as having a higher position than men. For the Pariaman community in Cirebon, the annulment of an engagement (khiṭbah) is a disgrace to tradition. An engagement is considered as a legally binding contract. In other words, customary provisions have coercive power to bounded communities. If an engagement is revoked without a valid reason, the responsible person can be sued for breaking the contract with certain compensations. Morevover, when a dispute occurs over property or finances, Minangkabau customary law allows the aggrieved party to take action against the khiṭbah violators in the form of returning property or money.

Implikasi Hukum Praktik Perkawinan Adat Suku Baduy Dalam Perspektif Hukum Islam Dan Hukum Positif

Marriage is a natural law that must occur and be carried out by every human being without exception, including for the people of the Baduy Tribe. For the Baduy tribe who adhere to customs and culture, marriage is arranged in such a way that the procedure must be in accordance with applicable customary provisions. The procedure for marriage, starting from the proposal process to fostering a household, is regulated in the binding provisions of Baduy customary institutions. The bride and groom are chosen by their parents, in practice the bride and groom will pronounce the creed, witnessed by Naib as the head. The marriages they carry out are not registered or do not have a marriage book, as is generally the case for marriages carried out by citizens in Indonesia, this is because they collide with what they believe. The implementation of the marriage contract and reception for the bride and groom was carried out at the Traditional Hall led by Pu'un to ratify the marriage. In terms of the marriage system, the Baduy people do not recognize polygamy and divorce. However, they are only allowed to remarry if one of them dies.

ISLAMIC INHERITANCE LAW IN SARUASO AND SAWAH TANGAH VILLAGES BASED ON ISLAMIC PRINCIPLES

This research aims to comprehend the practice of dividing the inheritance in Saruaso and Sawah Tangah Villages following the distribution principle of inheritance law distribution in Islam. The problem was that there were different views on the distribution of inheritance in the Saruaso and Sawah Tangah Villages with the provisions on the distribution of inheritance based on Islamic teachings. Meanwhile, the people of Saruaso and Sawah Tangah Villages embraced Islam. This research used a survey method. The research object was Niniak Mamak (indigenous stakeholders) and Bundo Kanduang (village's mothers) in two villages, Kanagarian Saruaso and Kanagarian Sawah Tangah. The sampling technique used was the purposive sampling technique. The results of this research are the practice of dividing inheritance in Saruaso and Sawah Tangah Village; in this case, low inheritance does not conflict with the provisions that apply to inheritance law in Islamic teachings (based on Faraid law). While the division of high inheritance follows customary provisions, this is because the high inheritance belongs to the people (tribes), cannot be traded, and cannot be divided individually.

Sistem Penggarap Sawah Secara Gilir Ganti Menurut Hukum Adat Desa Tanjung Mudo Penawar Kecamatan Sitinjau Laut Kabupaten Kerinci

The background of this research is the existence of disputes between rice field owners who are still within the scope of their own families. The formulation of the problem in this study is whether the shift-shifting system of cultivating rice fields in Tanjung Mudo Penawar Village, Kerinci Regency is still implemented according to the provisions of customary law and what are the factors that influence the implementation of the shift-change system of cultivating rice fields according to customary law in Tanjung Mudo Penawar Village, Kerinci Regency. This study aims to determine and analyze the implementation of the system of cultivating rice fields in shifts according to the customary law of Tanjung Mudo Penawar Village, Kerinci Regency. The research method used is empirical juridical, which is a legal research method that functions to see in a real sense and examine how the law works in the community. So that this is also the effectiveness that occurs in the field for the implementation of the shifting system of cultivating rice fields in Tanjung Mudo Penawar Village, Kerinci Regency. The results showed 3 cases so that there were 6 respondents in this study. In these 3 cases there is 1 case whose solution is slightly different. This makes the problem more complicated, so it invites the customary head to solve this case. Then 2 more cases were resolved according to the customary law of Tanjug Mudo Penawar Village, Kerinci Regency and could be resolved amicably. The conclusion of this problem has not been implemented in accordance with the customary provisions of Tanjung Mudo Penawar Village. This is due to several factors.

Eksistensi Pemberlakukan Pidana Adat Bagi Masyarakat Di Luar Hukum Adat

Before the implementation of the Criminal Code in Indonesia, in several regions in Indonesia there was a norm that became the law and regulations that bind the behavior of local people known as customary law. Customary law has provisions that must be obeyed and cannot be violated by indigenous peoples. If a violation occurs in the future, it will be subject to customary sanctions. It should be understood that customary law is law that applies in certain areas, therefore the application of customary law can be used for certain areas in accordance with customary provisions. The application of customary law is not only for indigenous indigenous peoples but also for individuals who are outside the customary area if they violate local customary regulations. Taking into account the circumstances above, the formulation of this problem is regarding the application of customary law for non-customary communities.

The Relation of the Law on Marriage of the Batak Indigenous Clan with the Incest Marriage Law

A clan marriage is a marriage between representatives of the same ethnic group and clan. In general, the Batak community expressly prohibits the marriage of a clan because this marriage is considered a blood marriage, this is a customary rule that must be obeyed by the community in order to avoid various sanctions and customary punishments that apply. Therefore, parents must inform their children as the next generation that the marriage of one clan is prohibited by the prevailing customary provisions. Until now the prohibition of marriage of one clan has been preserved by the Batak community. The purpose of this study was to determine the concept of kinship between a group of Batak people as a general concept of kinship and the legal consequences of a Semarga marriage. In addition, those who violate the prohibition are correct and relevant to be given social punishment, this provision is also related to Law no. 1 of 1974 which is the unification of the Marriage Law which according to general rules applies to marriages in Indonesia. This investigation is a form of empirical legal investigation, including legal identification and investigation of results. Legal normative approach using descriptive-analytic method is the research method used in this study.

PELAKSANAAN DAN BERAKHIRNYA GADAI TANAH HARTA PUSAKO TINGGI MASYARAKAT ADAT MINANGKABAU

Pawn in Civil Law, regulated in Article 1150 of the Civil Code. Pawning is also regulated in customary law, such as the object of this paper's study, namely pawning the land of High Heritage in Nagari IV Koto Hilir, Batang Kapas District, Pesisir Selatan Regency. The implementation of Pawning for the Land of High Heritage in Nagari IV Koto Hilir was initiated by the pawning party conveying the desire to pawn the land, looking for the party who would receive the pledge, determining the amount of the pledged money, making a letter of agreement. This pawn agreement must be signed by the parties and there must be the signatures of the mamak, the head of the heirs of each party, and the head of the jorong. After the agreement letter is made and signed, the recipient of the pawn gives the loan money to the pawnbroker. The end of the process of pawning the land from the high pusako property is in accordance with what was agreed at the beginning of the agreement. If the pawnbroker has been able to pay the money he borrowed to the pawnee, then the agreement for the implementation of the high inheritance land in Nagari IV Koto Hilir ends. However, there are customary provisions that must be obeyed by the community who will return the land from the results of the Isalang-pisalang implementation, namely: a). If in the agreement the redemption period is determined, then before that period ends, the land owner must wait for the plants planted on the land that are the object of the pledge to be ready to be harvested by the recipient of the land pawn, b) If the land pawner is unable to pay the loan money until the time specified in the agreement letter, the land will remain in the possession of the pawnee until the land owner is able to pay the loan money, even though the pawned land is already one year old.

Indigenous People and Social Media Use: Social Media Affordances Actualization of @BaduyCraft and @SaungGunung.id

Indigenous people in many parts of the world have used social media to fulfill their diverse needs. This process embodies affordances actualization or the realization of potential actions facilitated by communication technology. From digital divide perspective, researchers tend to highlight limited access as the main obstacle in the actualization process. In fact, obstacles can also be influenced by socio-cultural factors such as limited skills and customary prohibitions. Researcher used narrative study approach to explore the experiences and personal reflections of Narman, a young Badui native who runs Instagram accounts @BaduyCraft and @SaungGunung.id, in actualizing social media affordances amid limitations that are closely related to not only access, but also customary provisions, and skills. Through a thematic analysis of interview transcripts and Instagram observations, this study indicates that: limited access and customary prohibitions are not always considered as obstacles in technology usage by indigenous people. Individuals can deal with the absence of electricity and signal by preparing content asynchronously, as well as using customary provisions as guidelines to determine limitations for their social media use. In other words, socio-cultural factors play a very important role in the actualization of social media affordances, including for members of indigenous people.

Role of Traditional Leaders in Conservation of Fishery Resources in Mandah District Indragiri Hilir Regency Indonesia

Fishery resources in Mandah Subdistrict, Indragiri Hilir Regency in Riau Province, has considerable potential and are important resources for the community. However, the utilization of these fishery resources is sometimes carried out in ways that violate the provisions, both positive legal provisions and provisions in customary law that live in the Mandah community. For this reason, it is necessary to examine the role of traditional leaders in conserving fishery resources in Mandah District. The research method used is sociological legal research, with the main data source being primary legal materials, namely binding legal materials, both written and unwritten. The result of the research is that traditional leaders have an important role in conserving fishery resources. They act as institutions that disseminate customary provisions, receive reports on violations of the law that occur and become mediator or judges for violations of the law, especially in the field of fishery resources. Traditional leaders in Mandah play an important role in preserving fishery resources due to the geographical location of Mandah Subdistrict which is quite far from the Regency Capital, causing the government apparatus and legal apparatus on duty in Mandah to be limited in number. In addition, through sanctions against perpetrators of violations, traditional leaders contribute to the protection of fishery resources in Mandah District.