THE MARRIAGE PRACTICES OF INDIGENOUS PEOPLES OF LAMPUNG SEBATIN FROM THE PERSPECTIVE OF ISLAMIC FAMILY LAW IN INDONESIA

This study analyzes the problems related to the existence of Lampung Sebatin Indigenous Marriages. Where the Lampung indigenous people Sebatin started a new life order in marriage combining custom and Islamic law. Marriage is divided into two ways, namely Nyakak/ Jujokh and Semanda marriages. The traditional marriage procedures have values and norms or rules. The problem in this research is how the practice of marriage and how the description of the relationship between customary law and Islamic law as well as positive law in Indonesia in the marriage of the indigenous community of Lampung Sebatin. The purpose of this study was to obtain information about: first, the practice of marriage traditional Lampung Sebatin procedures; and Second, positive law and Islamic law in the traditional marriage customs of Lampung Sebatin. This study uses the qualitative research method with a sociological legal approach that focuses on the process of implementing marriage based on Islamic law and customary law with predetermined objectives. The research data were obtained using the interview method conducted on the object of research or respondents. The findings of this study indicate that first, the practice of marriage traditional Lampung Sebatin in its implementation uses Islamic law, but there are several processions such as pre-marriage and after-marriage. Marriage Lampung traditional customs are Sebatin divided into two, namely Nyakak/ Jujokh and Semanda with the traditional stages before, the implementation customary stages and the customary stages after marriage and the pattern of settling after marriage. Second, the law of marriage in the teachings of the Islamic religion with the law on marriage, in the procedure of marriage, in Nyakak/ Jujokh and Semanda is general it can be said that line, in practice it is in accordance with the basis and reference, namely the law on marriage is al-Quran, al-Sunnah, Qaidah Fighiyah and Consensus (Ijma) of Muslims in Indonesia.Keywords: Marriage, Tradition, Lampung, Sebatin, Islamic La

PRAKTEK PERNIKAHAN DI BAWAH UMUR Di Kenagarian Bawan Kecamatan Ampek Nagari Kabupaten Agam Sumatera Barat

The title of this research is The Practice of Underage Marriage in Kenagarian Bawan, Ampek Nagari District, Agam Regency, West Sumatera. The background of this research problem is based on Article 7 paragraph 1 of Law No. 1 of 1974 concerning Marriage which states that "marriage is only permitted if the male party has reached the age of 19 years and the female has reached the age of 16 years, while in Nagari Bawas, Ampek Nagari Sub-district, Agam Regency, many people ignore this provision. The purpose of this study was to see the form of implementation and the factors causing the practice of underage marriage in Kenagarian Bawan, as well as the actions taken by religious leaders, traditional leaders and KUA officials. This type of research is empirical legal research or legal sociology. That is an approach by looking at a legal reality in society. The sociology of law approach is an approach used to look at legal aspects in social interactions in society. Data taken from interviews with the Head of the Office of Religious Affairs (KUA) and parties involved in the practice of underage marriage. The results showed that the practice of underage marriage in Kenagarian Bawan was only carried out in front of the local Tuanku, not in front of the Marriage Registrar, in the sense that this marriage was an illegal/unofficial marriage according to the Positive Law of Indonesia. There are three contributing factors, namely: pregnancy factors, educational factors and economic factors. Actions taken by religious leaders, traditional leaders and KUA officials are in the form of socialization and counseling to the community

PANDANGAN TOKOH AISYIYAH DAN TOKOH MUSLIMAT NAHDLATUL ‘ULAMA PAMEKASAN TERHADAP NIKAH SIRI

Siri marriage is defined as a secret marriage or hidden marriage which is different from open marriages in general. Siri marriage is no longer an open secret among the people of Pamekasan. These marriages often occur, the main factor in which these marriages occur is due to the lack of understanding of the public's mindset and also the economic factors in Pamekasan which are still very low. This research aims to describe and find out about the practice of unregistered marriages and also the views of aisyiyah and Muslimat nahdlatul 'ulama regarding unregistered marriages in Pamekasan. The research method used to obtain data in this research is a case study using interview techniques and decommentation techniques. From this research, it is known that the practice of siri marriage in Pamekasan is a normal thing to do in society, and there are also views according to Aisyiyah and Muslimat regarding betel marriages that occur in Pamekasan

The Misyar Marriage and Family Law Reform in Indonesia

This article aims to examine the thought of misyar marriage according to Yusuf Al-Qardhawi, and aims to prohibit the practice of misyar marriage in Indonesia. So this research examines the law of misyar marriage from Al-Qardawi's perspective and its contribution to the reform of family law in Indonesia.  This article includes library research. This research is descriptive analytical. The primary data in the research are the Qur'an, Hadith, Yusuf Al-Qardhawi's works, Law Number 1 of 1974 concerning National Marriage Law, and the Compilation of Islamic Law. The secondary data are scientific works, research, journals that are relevant to the research topic. Using Gustav Redbruch's theory of legal objectives and maslahah mursalah, the data analysis in this study uses inductive thinking techniques then the author makes data analysis with qualitative analysis. The result of this article is that misyar marriage according to Al-Qardhawi is a marriage that is not in accordance with the purpose of the ordinance of marriage, namely to form a family that is sakinah mawaddah and rahmah, but there is a gap in Law Number 1 of 1974, concerning Marriage in Article 2 Paragraph (1) "Marriage is valid, if it is carried out according to the laws of each religion and belief". When referring to this article, it can be said that it is valid, so that in order to provide assertiveness to prohibit the practice of misyar marriage and marriage practices that are not in line with the principles of marriage, it is necessary to provide a clear definition of marriage. Keyword: Misyar; Yusuf Al-Qardhawi; Family Law in Indonesi

Dinamika Hukum Akad Nikah Via Teleconference Di Indonesia

This research aims to review the dynamics of the teleconference marriage contract law in Indonesia and to analyze the legal provisions from three perspectives: juridical, philosophical, and sociological. This research is library research with a descriptive-analytical method. The primary legal data is in the form of several fiqh opinions and fatwas of the ulama regarding the legal provisions of the marriage contract via teleconference. The results of this study indicate that there are differences of opinion among scholars based on different methods of understanding the al-Quran and hadith texts about marriage and the development of science and technology. In Indonesia, when examined from a juridical-philosophical aspect, the practice of the marriage contract via teleconference can be carried out because the facilities are complete and the requirements can be fulfilled. However, when examined from a sociological aspect, the paradigm of the majority of Muslim communities regarding the sacredness of marriage is still strong so that the permissibility of the practice of the marriage contract is still difficult to accept and apply among them

Prevention Work: A Professional Responsibility for Marriage and Family Counselors

Although ethical codes encourage marriage and family counselors to undertake prevention work, many practitioners do not include prevention within the scope of their practice. Prevention work includes a number of professional functions that address multiple family issues. Within a developmental framework, marriage and family counselors can bring a unique set of skills and experience to preventive work, and a family systems theoretical orientation helps to inform the practice of preventive efforts designed to enhance familial relationships. Marriage and family counselors can be involved in the practice, theory development, and research of prevention work. Effective prevention work by marriage and family counselors incorporates a consideration of barriers to effective prevention work, professional collaboration, and ethical considerations

Forced Marriage in the Bride-Napping Case in Sumba-East Nusa Tenggara Linked with Positive Law in Indonesia

This study was aimed at revealing the customary and legal issues that were applied in the practice of bride-napping in Sumba, East Nusa Tenggara (NTT). The practice of bride-napping does not give women the freedom to choose their life partner and is a violation of the law that could be punished according to article 328 of the Criminal Code (KUHP). This was field research where the researcher conducted direct interviews with the informants and elaborated the data with the related literature. The method used was normative legal research with a literature study approach. The focus of this study was on the ambiguity of the implementation of laws and regulations on the practice of bride-napping. Indonesia has issued Law of the Republic of Indonesia (UU RI) No.1 of 1974 concerning Marriage which regulates the rights and obligations of each person in marriage. Finally, the result of this study was the practice of bride-napping has deviated from its origins resulting in the violations of human rights.Keywords: forced marriage; bride-napping; Marriage La

UNREGISTERED MARRIAGE BETWEEN INDONESIAN CITIZENS AND FOREIGN CITIZENS WITH THE LEGAL PERSPECTIVE OF MARRIAGE IN INDONESIA

The practice of unregistered marriage between Indonesian citizens and foreign nationals always raises legal problems, both the law of marriage and the legal consequences of the marriage. This article aims to provide concrete legal solutions and steps to the practice of unregistered marriage between Indonesian citizens and foreign nationals. This study used literature research with qualitative descriptive methods, through a normative legal approach. The results show that unregistered marriage is a social symptom of modern society which always occurs in the practice of today’s society. Although unregistered marriage is not specifically regulated in the practice of mixed marriages, it often occurs and must be anticipated. The solution is that there are three legal options that can be taken: first, if the person concerned is domiciled in Indonesia and intends to become an Indonesian citizen, then s/he can register the marriage with the employee who registers the marriage and performs the marriage certificate according to the provisions. Second, if the person concerned is living abroad but wants to become an Indonesian citizen, then s/he can take legal steps by registering the marriage and marriage certificate at the Indonesian Embassy. Third, if the person concerned is domiciled and wants to become a resident of a foreign country, then the person concerned must take the legal route that has been determined in that country. Thus, family law in Indonesia can be adaptive and responsive to the dynamics of social change

An Assessment on the Marriage Practices Among Boro- Shinasha in Ethiopia

This study was conducted to understand the Marriage practices among Boro- Shinasha in Bullen Woreda, Metekel zone, Benishangul-Gumuz regional state, Ethiopia. To address this general objective of the study, the researcher focused on brief understanding of the marriage practice, types of marriage practice (its rationale and the process) among Boro-shinasha. The study was utilized the phenomenological design and ethnographic research approach with qualitative research method. The instruments of data collection used for this study were informant’s interview, focus group discussion and document analysis.  The sampling technique employed for the study was non-probability sampling; purposive sampling technique.  Thus, findings of the study show that establishing marriage within clan and early marriage is prohibited, divorce is not recognized, there is huge amount of bride wealth provision for female couple families and five types of conducting marriage practices are practiced among boro-shinasha as well as all are conducted based on socio-cultural system of the ethnic group..   Therefore, the study recommended that all the stakeholders could be responsible to protect and promote their positive cultural values. However, the practice not go to beyond attitude and violate women human dignity effective and efficient awareness creation education should be provide on the strong and weak sides of practice among the community. Keywords: Wi’rra, Ts’tsa, Puriyya, Naata’ and Ji’yya DOI: 10.7176/JPCR/44-02 Publication date:June 30th 201