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All Journal Nusantara: Journal Law and Islamic Law
Imam Afwa Robbi
UIN Syarif Hidayatullah Jakarta, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Sebambangan Tradition: Legal Implications Under Indonesian Marriage Law Imam Afwa Robbi
Nusantara: Journal of Law and Islamic Law Vol. 1 No. 2 (2026): Nusantara: Journal of Law and Islamic Law
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/nusantara.v1i2.276

Abstract

The intersection of state, religious, and customary laws in Indonesia creates complex legal pluralism, particularly concerning the Sebambangan (customary elopement) tradition in Lampung. Often mischaracterized as criminal abduction, it fundamentally serves as a customary dispute resolution mechanism. This study examines the structural anatomy, sociological shifts, and legal implications of Sebambangan in Padang Ratu Village, Central Lampung, through the dual lenses of Indonesian Positive Marriage Law and Islamic jurisprudence ('Urf). Employing an empirical qualitative methodology with an anthropological jurisprudence approach, data were gathered through participant observation and in-depth interviews with customary leaders. The findings reveal that Sebambangan does not contravene the national Marriage Law; mutual consent is explicitly evidenced by the Tengepik letter, thereby nullifying criminal abduction elements. Within Islamic law, it is classified as 'Urf Sahih (valid custom) as it prevents adultery and facilitates formal marriage registration, provided it does not infringe upon prior betrothals. Ultimately, Sebambangan exemplifies a progressive legal pluralism where customary mediation seamlessly harmonizes with state administrative certainty and religious validity.
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