Lex Stricta : Jurnal Ilmu Hukum
Vol. 5 No. 1 (2026)

Kekosongan Norma Poligami dalam Awig-Awig Desa Adat Demulih: Analisis Terhadap Kepastian dan Perlindungan Hukum Para Pihak

Shalsafira Natasyah Puteri (UPN Veteran Jawa Timur)
Wiwin Yulianingsih (Unknown)



Article Info

Publish Date
31 Aug 2026

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.

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Journal Info

Abbrev

lexstricta

Publisher

Subject

Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Published by Sekolah Tinggi Ilmu Hukum Sumpah Pemuda (STIHPADA), contains scientific writings, results of research discussions, book discussions and supporting opinions. The legal articles published in this journal are scientific works of students and lecturers who have met the Author Guidelines ...