TINJAUAN YURIDIS TERHADAP LARANGAN NIKAH SATU SUKU DTINJAU DARI HUKUM ADAT KENEGERIAN TERATAK AIR HITAM KECAMATAN SENTAJO RAYA KABUPATEN KUANTAN SINGINGI

  • Aprinelita Aprinelita Universitas Islam Kuantan Singingi
Keywords: Customary law

Abstract

The existence of customary law can be seen until now through the existence of customary law instruments, customary law courts, which still exist in customary law communities in Indonesia. One of the sub-parts contained in customary law is customary law delik (adat delicten recht) or also known as customary criminal law. Customary law still has a strong influence in the Kuantan Singingi district community environment, specifically regarding the prohibition of marriage of one tribe, where marriage in one tribe is the biggest abstinence in the Kuantan Singingi regency. In the Kuantan Singingi district community consists of various kinds of tribes, including caniago, patopang, Malay, paliang, tanjuang and others. The problem formulation in this study is: 1) What are the factors causing the prohibition of marriage of one tribe in the village of Seratak Air Hitam Sentajo Raya District Kuantan singingi.2) How is the result of the marriage of one tribe in Teratak Air Hitam Village, Sentajo Raya District, Regency Kuantan Singingi. The purpose of this study is to find out the factors that cause the prohibition of marriage of one tribe in Kuantan Singingi district and to find out the consequences of a marriage of one tribe in Kuantan Singingi Regency. This study uses observational research methods. As for the results of this study are 1) the causes of the prohibition of marriage of one tribe in Teratak Air Hitam Village Sentajo Raya Subdistrict Kuantan singing is a hereditary factor, because they consider that marriage of one tribe is the same as marriage to one's own brother, therefore marriage cannot be carried out, because the one managing the marriage is ninik mamak in the tribe.2) As a result of the implementation of the marriage of one tribe is a moral sanction that is, they will lose morale will cause disgrace to their own tribe, will lose rights in any way, complicate the association, meaning those who marry one tribe will be excluded from the community.

Published
2019-07-25
Section
Articles