Jurnal Litigasi Amsir
Vol 11 No 1 (2023): November

Kajian Yuridis Pelaksanaan Adat Seda pada Kasus Kawin Lari

Maulida Fitriya Auliyah (Fakultas Hukum Universitas Tomakaka)
Muhammad Al Habsy Ahmad (Fakultas Hukum Universitas Tomakaka)



Article Info

Publish Date
15 Oct 2023

Abstract

This research aims to determine the implementation of the 'Seda' custom in cases of elopement/silariang in Bonehau sub-district, Mamuju Regency? And the aim is to find out whether the 'Seda' custom in cases of elopement/silariang in Bonehau subdistrict, Mamuju district, can be qualified as a customary offense? This research uses Normative legal research methods to outline the legal implications. The results of the research show that the implementation of the Seda custom is still recognized by the community in Mamuju Regency, especially in Bonehau District. Seda custom is one manifestation of customary criminal law. The Seda custom is implemented because the families of those who elope (silariang) consider their actions to be shameful (mepakasiri'). So to restore self-respect or family dignity in community life, the Seda custom is carried out. And Seda's form of punishment is in the form of physical and non-physical gifts. non-physical, for example, humiliation, being expelled from the village, and being ostracized from society, especially their families. Meanwhile, physical, for example, light abuse, serious abuse and even murder if the violation is very serious. In practice, the Seda custom is carried out in groups (Seda), with the rule that those who are allowed to perform Seda are people.

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Journal Info

Abbrev

julia

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Litigasi Amsir (JULIA), is a peer-reviewed journal published by the Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada. JULIA is published four times a year in February, May, August, and November. This journal provides direct open access to content on the principle of free ...