Shalsafira Natasyah Puteri
UPN Veteran Jawa Timur

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

Kekosongan Norma Poligami dalam Awig-Awig Desa Adat Demulih: Analisis Terhadap Kepastian dan Perlindungan Hukum Para Pihak Shalsafira Natasyah Puteri; Wiwin Yulianingsih
Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v5i1.1801

Abstract

This study aims to analyze the regulation of polygamous marriages in the awig-awig of the Demulih Traditional Village and to examine its juridical implications for the legal status of the parties involved. The issue arises from the absence of explicit provisions governing polygamy in the awig-awig, which creates a normative gap and potentially leads to legal uncertainty within the customary law system. This research employs a normative legal method using statutory and conceptual approaches, complemented by limited empirical data obtained through interviews with customary authorities. The theoretical framework is based on the theories of legal certainty and legal pluralism, which are used to assess the interaction between state law and customary law. The findings reveal that the awig-awig of the Demulih Traditional Village does not explicitly regulate the permissibility or prohibition of polygamous marriages, resulting in ambiguity in its legal standing within the customary community. This normative gap significantly affects the legal status of the parties involved, particularly in terms of their recognition within the customary social structure, as well as their civil rights, including inheritance rights and customary obligations. Moreover, the absence of clear regulation contributes to disharmony between national law and customary law and increases the potential for disputes within the community. In practice, such disputes are generally resolved through customary mechanisms, such as deliberation forums led by traditional authorities. Therefore, it is necessary to formulate or reinforce provisions within the awig-awig to ensure legal certainty, fairness, and legal protection for members of the customary community.