Hukum Perkawinan Hukum Adat Indonesia PDF

## Hukum Adat Indonesia ### 2. Hukum Perkawinan #### a. Subjek Hukum Perkawinan * The discussion regarding the subject of marriage law basically means discussing who can marry whom. * The word "who" means that only legal subjects can marry. * However, not every legal subject can marry. * The lega...

## Hukum Adat Indonesia ### 2. Hukum Perkawinan #### a. Subjek Hukum Perkawinan * The discussion regarding the subject of marriage law basically means discussing who can marry whom. * The word "who" means that only legal subjects can marry. * However, not every legal subject can marry. * The legal subjects who can marry can be determined by the following explanations: ##### I) In Batak society * The Batak society believes that the ideal marriage is between people from the same clan (Toba: *marpariban*) * This means between a man and the daughter of his mother's brother. * Therefore, a Batak man is forbidden from marrying a woman from the same clan, nor his father's daughter. * Although this preference for marriage as explained above, it is not commonly practiced anymore. * Besides the above provisions, the Batak people also recognize the *leviraat* custom (*Karo: lakoman, Toba: Mangabia*) and the *sororaat* custom (*Karo: gancikabu, Toba: Singkat rere*). * Specifically in the Karo people, there are several types of the *lakoman* custom, which are: * *Lakoman tiaken*: Widow marrying the deceased husband's brother * *Lakoman ngahliken sinina*: Widow marrying the deceased husband's half-brother * *Lakoman ku nandena*: Widow marrying the deceased husband's nephew ##### II) In Minangkabau society * In the past, it was customary for a man to marry his mother's sister's daughter. * The term *mamak* refers to the mother's brother. * Therefore, a man in Minangkabau society (in the past) was required to marry a woman who is the daughter of his mother's brother. * However, due to various circumstances, other forms emerged, such as marrying the sister's daughter (**nephew**) of his father. * A man can also marry his wife's sister, or his wife's sister's daughter (*bride exchange*). * In modern times, these patterns are gradually disappearing. * The influence of the modern world has led to a decline in local endogamy, expanding marriage options. * Marriage with a *mamak* is likely an original pattern. ##### III) In Lampung society * Specifically in the Abung Siwo Mego (Abung Nine Clans) and Pubian Telu Suku (Three Clan Pubian) communities, marriage between a man and a woman who is the daughter of his brother is strictly forbidden. * However, in Rarem Mego Pak (Four Clan Rarem) and Buay Lima (Sungkay and Way Kanan) communities, the aforementioned marriage is allowed. * However, this marriage is not customary, and the motivations behind it are usually to preserve wealth or to have only one child. * The common marriage pattern in Lampung society (generally practised) is between a man and a woman who is the daughter of two brothers. * Marriage between the children of siblings of the same gender is also allowed. ##### IV) In Javanese society * The Javanese society has a custom that prohibits a couple from marrying when they are: * Relatives with the same ancestor. * *Leviraat* and *sororaat* customs are also practised in Lampung society. * *Leviraat* (Lampung: *nyemalang-nyikok*) refers to a woman (widow) marrying her deceased husband's brother. * *Sororaat* is the opposite of *leviraat*. * In Lampung society, child marriage where the man and woman are still underage is no longer practised. * However, the rule that marriage can only happen amongst community members who do not share the same clan remains. * However, it is now possible to marry someone outside of the clan by adopting them into the community. * In Lampung society (with Pepadun custom), there are also rules on who is prohibited from marrying, such as: * Direct blood relatives, either in the paternal or maternal lineage. * Relatives in the same parental lineage. * Siblings, siblings of parents, siblings of grandparents, in-laws, step-siblings (step-mother or step-father), step-children, and relatives who are breastfed by the same mother. ##### V) In Bugis-Makassar society * The ideal marriage in this society is where: * The marriage is between first cousins, meaning the bride and groom are the children of siblings of the same parent. * The following marriages are considered forbidden: * Marriage between a child and a parent. * Marriage between siblings. * Marriage between in-laws. * Marriage between an uncle or aunt and their nephew or niece. * Marriage between a grandparent and a grandchild. ##### VI) In Minahasa society * When choosing a spouse, people have the freedom to decide, although in the past, parents often made the decision. * However, there are restrictions: people must marry outside of their own family, including siblings and their families. * This includes both male and female siblings, their spouses, and their children. ##### VII) In Central Kalimantan society * The ideal marriage in Dayak society is between second cousins, which means the bride and groom are the children of two siblings who are the children of two siblings. * Second cousins from mothers who are siblings are also considered good matches. * *Cross-cousins* are also considered good matches (*Ngayu: Salahari*), which are children who are neither brothers or sisters but share the same grandparents. * Forbidden marriages include those between people with the same father, and specifically, between people who are from different generations - for example, between a child and their parent, or between a woman and her uncle. ##### VIII) In Timor society * The most preferred marriage in this society is between a man and a woman who is the child of his mother's brother. * However, a man can marry anyone, as long as it is not with the child of his mother's brother, as they are considered relatives. ##### IX) In Balinese society * In Balinese society, the old customs strongly emphasized the clan system (*klen* (dadia)) and the caste system (*wangsa*) which influenced marriage choices. * Marriage was best made between people from the same clan, or at least between people who were considered equal in caste. * Therefore, endogamy is common in Balinese custom. * The ideal marriage in the old days was between two children of two brothers. * Marriage between the husband's sister and the wife's sister is considered taboo because it is thought to bring misfortune. * * Marriage between a person and their child, siblings, half-siblings, or niece or nephew is considered a grave transgression. * However, these marriage patterns can vary between different parts of the society. * In Central Kalimantan, the same marriage pattern in Rarem Mego Pak and Buay Lima is also practised.