Legal Review of The Validity of Marriages Between Same Clans According oo National Law and Toba Batak Customary Law Tinjauan Yuridis Terhadap Keabsahan Perkawinan Satu Marga Menurut

Adri Sadewa Sirait (Universitas Pembangunan Panca Budi)
Bambang Fitrianto (Universitas Pembangunan Panca Budi)
Asman Siagian (Universitas Pembangunan Panca Budi)

Jurnal Hukum Sehasen
Vol 12 No 2 (2026): Oktober

perspective of national marriage law and Toba Batak customary law. This research is based on the existence of distinctive differences in a view such as national law that recognizes and tislak prohibits marriage within the same clan if carried out according to applicable legal regulations, with Toba Batak customary law that strictly prohibits marriage within the same clan because it is considered to damage and violate customary norms. The research method uses normative juridical research and is carried out with a legislative, conceptual and comparative approach. The results of the research article regarding marriage within the same clan indicate that national law marriage is still considered valid and recognized as long as it does not violate applicable law and religious provisions. However, Toba Batak customary law does not recognize and does not consider marriage within the same clan legally valid. Therefore, it is known that there is legal dualism which has an impact on the juridical and social implications for couples in marriage within the same clan.