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Emiliana Sari Padi; Darius Mauritsius; Petornius Damat

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

One of the long-standing marriage traditions in the Ende community is the ana ale marriage tradition. Ana ale marriage is a form of marriage based on an agreement between the parents of the man and woman, as well as a long-established good relationship between both parents. This research was conducted in Tiwu Tewa Village, Ende Timur District, Ende Regency. This research aims to understand the fundamental values contained in marriage as viewed from customary law, the process of implementation and its legitimacy, as well as the obstacles in the implementation of the ana ale marriage. The method used is empirical legal research with a qualitative approach, which includes interviews and literature study. The research results show that the fundamental values contained in the ana ale marriage, as viewed from customary law, consist of sacred and spiritual values, responsibility and commitment values, social and mutual assistance values, and adherence to customs. The process of implementing the ana ale marriage includes Ru’u Tu Jaga Rara, Janji, Puzi Ru’u, Teo Zambu, Bou Engga, Mai Tu Gega Padha, Tu Ngawi, Teke Ngara, Dari Nikah, Tu Ana. Meanwhile, the marriage is considered valid at the Tu Ana ceremony. The obstacles faced in the ana ale marriage include economic factors and the occurrence of clandestine marriages by the female party.

Marwan Busyro; Bandaharo Saifuddin

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The background of this research aims to determine and analyze judges' perspectives on the application of customary law in resolving criminal cases at the Padangsidimpuan District Court. Customary law is an unwritten legal system that exists and develops within society and is often used as a consideration in deciding cases related to local values ​​and cultural wisdom. In the context of Padangsidimpuan society, which still strongly upholds customs and traditions, customary law often serves as a means of resolving social conflicts before they enter the formal legal realm. The research method used is empirical juridical, with data collection techniques through direct interviews with judges and document studies of several relevant court decisions. The results indicate that most judges at the Padangsidimpuan District Court view customary law as a complementary instrument to positive law, particularly in minor criminal cases with social and familial dimensions. Judges strive to consider customary values ​​to achieve substantive justice, without neglecting the principle of legality and statutory provisions. However, the application of customary law cannot replace positive law in its entirety; rather, it serves as a moral and social value that strengthens the community's sense of justice.