Taruna Law
Vol. 3 No. 02 (2025): Taruna Law: Journal of Law and Syariah

Perkawinan dalam Perspektif Hukum Adat Indonesia: Ragam Sistem, Tradisi, dan Tantangan Modern

Damayanti, Elvira (Unknown)
Nurlita, Divani 'Aina (Unknown)
Arya Putra, Daffa Arjuna (Unknown)



Article Info

Publish Date
31 Jul 2025

Abstract

Marriage in Indonesia’s customary communities is not merely a legal union between two individuals, but a socio-cultural institution imbued with symbolic meanings and noble values. Customary law, as a living legal system within society, comprehensively governs all aspects of marriage from the proposal process to the resolution of marriage dissolution. The academic concern that underpins this study lies in the limited understanding of the complexity of customary marriage systems amidst the tide of modernization and the dominance of formal legal norms, which often overlook local legal diversity. This paper employs a descriptive qualitative method with a normative-legal and sociological approach. The data are collected through literature studies exploring various sources on customary law and legal anthropology to identify and elaborate on the concepts, forms, and systems of customary marriage, engagement procedures, ceremonial stages, property arrangements, and the legal consequences of marital dissolution from a customary law perspective. The findings indicate that each customary community In Indonesia possesses distinctive characteristics in conducting marriages, reflecting their kinship systems, social structures, and deeply held cultural values. The customary marriage process serves not only as a family event but also as a vehicle for preserving collective identity and social norms. Therefore, customary law in the context of marriage remains socially relevant and holds significant potential to contribute to the development of a pluralistic and context-sensitive national legal system.

Copyrights © 2025






Journal Info

Abbrev

jls

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Focus The main objective of its publication is to provide an appropriate channel for information and research publication, case studies and book reviews related to Law and Syariah based on original research and ideas by the respective authors. The editorial board welcomes original contributions ...