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Legal and Cultural Practices in Child Marriage:An Ethnographic Study of the Dayak Indigenous Community: Praktik Hukum dan Budaya dalam Pernikahan Anak: Sebuah Studi Etnografi Masyarakat Adat Dayak Ardi, Ardi Akbar Tanjung; Yusi Primawati; Lian Diana; Pangalopan Sigumondrong; Febicha Hanifah Hasyim
Transformatif Vol 9 No 2 (2025): ISSUED IN OCTOBER 2025
Publisher : POSTGRADUATE OF PALANGKA RAYA STATE ISLAMIC INSTITUTION

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/tf.v9i2.10793

Abstract

This article analyzes child marriage among the Dayak Bakumpai through hatamput marriage as a site of conflict between legal regimes. The central issue is the clash between Law No. 16 of 2019, which sets a minimum marriage age of 19, customary law that defines adulthood through social roles, religious law that validates marriage contracts without age limits, and international child-protection principles. This tension shows the state’s inability to monopolize definitions of valid marriage in customary settings. Using empirical (socio-legal) methods, the study examines not only written rules but also how the Dayak Bakumpai understand and practice law. Drawing on strong legal pluralism and living law theory (Ehrlich, Griffiths), it frames the Dayak Bakumpai as a legal order that produces its own norms. Marriage is thus negotiated through customary authority, religious legitimacy, and minimal administrative engagement with the state. The findings show: (1) customary law functions as a more authoritative source of substantive rules than state law; (2) kawin hatamput reflects law in action that affirms customary validity despite statutory prohibitions; (3) Law No. 16 of 2019 is weakly implemented because it is not integrated with customary institutions; (4) communities adopt manipulative compliance strategies, including delayed registration and age dispensations; and (5) these dynamics confirm strong legal pluralism, in which customary law operates not as a regulated object but as an alternative legal authority governing private life. Addressing child marriage therefore requires integrating state, customary, and religious authorities rather than relying on purely legalistic approaches