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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.

Alminus Arian Nong Bao

Jurnal Pendidikan Pancasila dan Kewarganegaraan 2026 Asosiasi Periset Bahasa Sastra Indonesia

This study aims to examine the role of the Village Government in enforcing customary law sanctions of Wake Uru Sorong Tada and to analyze the effectiveness of its implementation in Heo Puat Village, Hewokloang District, Sikka Regency. Wake Uru Sorong Tada is a form of customary law that functions as a traditional prohibition to regulate and protect community ownership of agricultural products and commodities. This research employs a qualitative descriptive method. Data were collected through observation, in-depth interviews, and documentation involving key informants such as the village head, Village Consultative Body members, traditional leaders, and community members. Data analysis was conducted using the interactive model proposed by Miles and Huberman, which includes data reduction, data display, and conclusion drawing. The findings reveal that the Heo Puat Village Government plays an active role as a facilitator, mediator, and guarantor in enforcing customary sanctions in accordance with Village Regulation Number 2 of 2009. The village government does not directly determine the sanctions but collaborates closely with customary institutions in resolving violations. The enforcement of Wake Uru Sorong Tada customary law sanctions is considered effective in maintaining social order, security, and a sense of safety in property ownership among community members. The strict and binding nature of customary sanctions has significantly increased legal awareness and minimized social conflicts within the village.

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.

Fiola Amabel Yohana Sinaga; Susilowati Suparto; Hazar Kusmayanti

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the legal protection of children born from Toba Batak customary marriages that are not officially registered by the state. In Toba Batak customary law, a marriage is considered valid after all traditional ceremonies have been carried out, so that the child is recognized by the father's clan and social status within the customary community. However, state law requires marriage registration to ensure the certainty of the parents' legal status and the fulfillment of the child's civil rights. The absence of marriage registration has legal consequences in the form of limited recognition of the civil relationship between the child and the father, which impacts identity registration, access to public administration services, and the fulfillment of inheritance rights. This study uses a normative juridical method with analytical descriptive specifications through a review of laws and regulations, legal literature, and court decisions. The results show that preventive legal protection is realized through marriage registration to guarantee the child's right to identity. Meanwhile, repressive legal protection can be achieved through court decisions supported by valid evidence to confirm the child's legal status and ensure the fulfillment of their basic rights.

Grace Claudia Valerina Saragih; Kevin Cornelius Manurung; Mhiranda Theresia Sitorus; Syuratty Astuti Rahayu Manalu

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The distribution of inheritance is an important issue in Indonesian society which adheres to a plural legal system, namely Islamic law, customary law, and western civil law. One of the issues that often raises differences of opinion is the position of biological children and adopted children as heirs. In Islamic law, the right to inherit is based on the relationship of the nasab so that the biological child gets a clear share, while the adopted child does not have the right to inherit but can still be given a share through a grant or obligatory will. In contrast, Toba Batak customary law emphasizes the patrilineal principle, whereby sons, including legitimate adopted children through mangain customary ceremonies, are positioned as the successors of the clan and are entitled to inheritance except hereditary inheritance. This study uses a literature study method by examining literature related to Islamic law and Batak Toba customary law and qualitatively analyzed. The results of the study show that the difference in principles between these two legal systems gives birth to social and legal conflicts in the Batak Muslim society, especially when religious and customary values must be carried out together. However, opportunities for harmonization remain open through the application of the principle of justice that recognizes the position of adopted children in customary structures, as well as upholding sharia by granting rights through the mechanism of compulsory wills. These findings emphasize the need for an integrative approach in resolving inheritance disputes in order to create legal certainty, social justice, and maintain cultural and religious harmony.

Alvintho Tiumlafu; Agustinus Hedewata; Helsina Fransiska Pello

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

This research aims to: (1) To find out the reason why parties choose customary law in resolving marital problems at Pollo Village, situated in Amanuban Setalan Sub-district, South Central Timor District, (2) To find out the application of customary law enforcement in resolving Tribal marriage issues at Pollo Village, situated in Amanuban Setalan Sub-district, South Central Timor District. This type of this research was Empirical Juridical research, primary data obtained by interviewing 11 respondents and supported by secondary data, qualitative descriptive data analysis. The result of this research is to show that: (1) The way of living of the communities at Pollo Village, situated in Amanuban Setalan Sub-district, South Central Timor District who experience domestic violence conflicts can be settled by custom for the reason that customary law is the result of ancestral heritage that must be maintained and preserved, maintaning unbreakable kinship between local communities, also customary law is considered as fast and affordable. (2) The application of customary law enforcement in resolving marital problem of tribal cummunities at Pollo Village, in Amanuban Setalan Sub-district, South Central Timor District is seen very effective in providing a deterrent effect to perpetrators of domestic violence because the customary sanction imposed are not only punitive but also provide learning for the perpetrators and the local community so that they are afraid and do not be able to commit to the similar action in the future. The practice of customary law enforcement against perpetrators of domestic violence is carried out to correct deviation from obligations and prohibitions in customary community relations, so that the aim is to have a direct impact and direct execution on the violating party. In order to increase the effectiveness of the imposition of customary sanction.

Sinta Juliyanti

Prosiding Seminar Nasional Ilmu Manajemen Kewirausahaan dan Bisnis 2025 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

Empowering women through the development of home-based industries plays a crucial role in improving household welfare and strengthening community-based economies in Papua. This study aims to analyze the triple role of Indigenous Papuan Women (OAP) in the D’TOMU Home Production in Sebyar Rejosari Village, Tomu District, Teluk Bintuni Regency, and to evaluate the implementation of Regional Regulation No. 1 of 2019 concerning the Recognition and Protection of Indigenous Peoples’ Rights. This research employs a qualitative method using in-depth interviews, observations, and documentation with ten key informants, including OAP women, community leaders, and production facilitators. The findings indicate that the home production initiative has a significant positive impact on three main aspects: (1) better time management balance in handling domestic, productive, and social roles; (2) increased household income by 25%–35% through product diversification such as sago flour, keladi chips, fish crackers, shrimp crackers, and traditional Papuan handicrafts; and (3) improved social recognition of women within families, communities, and indigenous societies. This study highlights the importance of government support, entrepreneurship training, digital literacy enhancement, and multi-stakeholder collaboration to achieve sustainable and competitive empowerment of Indigenous Papuan women.

Amalia Solikha; Ismi Lailatul Maulida; Rahayu Sri Utami

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage is a universal social institution, yet its implementation is profoundly shaped by distinctive local cultural values. One such cultural manifestation is the Merari’ tradition practiced by the indigenous Sasak community in Central Lombok, West Nusa Tenggara. This tradition refers to the practice of "elopement," which forms an integral part of customary rituals uniting two individuals in marital bonds. This study aims to explore in depth the fundamental reasons why the Sasak people continue to uphold the Merari’ tradition amidst the tides of modernization and the bureaucratization of national marriage law. It also seeks to describe the procedural and normative structure of the Merari’ marriage process from the perspective of customary law. Furthermore, this research investigates the types of customary sanctions imposed when individuals violate the traditional norms of marriage. This study uses a socio-legal approach, which not only examines written legal norms (positive law) but also considers how these norms are applied and function within society, particularly through the practice of Merari’ in the Sasak community. The findings show that the Merari’ tradition is not merely a romanticized relic of the past, but a form of cultural resistance against the dominance of formal law, which is often perceived as inadequate in accommodating local values. The Merari’ process follows a clearly defined sequence—starting from mutual agreement between the couple, the act of elopement, reporting to customary leaders, and culminating in the nyelabar ceremony, which serves as the social ratification of the marriage. In cases of violation or deviation from these customary norms, community elders may impose sanctions such as traditional fines (material penalties), social exclusion, or prohibition from participating in customary events. Based on the analysis, it is concluded that the Merari’ tradition holds legal legitimacy within the framework of customary law, as it is carried out on the basis of social consensus, noble values, and binding communal norms. Its persistence illustrates a dynamic relationship between state law and customary law, wherein both systems can coexist in parallel, provided there is mutual recognition and space for dialogue. Thus, there is an urgent need for an integrative legal approach in the formulation of national legal policies—an approach that is not only normative, but also contextual and responsive to the legal pluralism present in Indonesian society.  

Muzakki Ayatulloh GH; Ronan Marsa Salatun; Arief Fuad Dimyati; Rahayu Sri Utami

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study aims to analyze the customary law system that applies in the Dayak Kalis community in West Kalimantan and examine its relationship with national formal law. Dayak Kalis customary law is an unwritten legal system that develops from the norms and customs of indigenous communities, and functions as a guideline in resolving disputes and regulating social life. In practice, this law emphasizes the values ​​of restorative justice and deliberation by consensus, with types of punishments adjusted to the level of violation, such as Saut, Setanga'Baar, Pati Nyawa, and Adat Kampung. The study uses a normative method with a document approach, legislation, and legal theory. The results of the study indicate that Dayak Kalis customary law remains recognized in the national legal system as long as it does not conflict with generally applicable laws. The existence of this customary law reflects the importance of preserving local wisdom as an integral part of the pluralistic Indonesian legal system.

Sandi Saputra Ritonga; Bandaharo Saifuddin; Marwan Busyro

Jurnal Riset Rumpun Ilmu Pendidikan 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to examine the practice of elopement (kawin lari) and its legal consequences from the perspective of Batak Angkola customary law, as well as its relation to Law Number 1 of 1974 on Marriage. The research was conducted in Sibangkua Village, Angkola Barat District, South Tapanuli Regency. The method used is an empirical legal approach, with data collected through observation and interviews with traditional leaders, religious figures, village officials, and individuals involved in elopement. The findings reveal that elopement frequently occurs in Batak Angkola society, mainly due to high dowry demands, disapproval of arranged partners, or violations of social and religious norms. The resolution process is carried out through customary stages such as mandokon ulang agoan, marsapa adat, and patibal sere. Although the national marriage law does not explicitly regulate elopement, it is recognized within Batak Angkola custom and has a structured resolution mechanism. Nevertheless, socially, elopement is often viewed negatively and may damage the family’s honor.

Lollyta Julius; M. Sudirman; Benny Djaja

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the normative provisions regarding women's inheritance rights in three legal systems applicable in Indonesia, namely Islamic law, customary law, and civil law. These three systems have different legal bases, values, and mechanisms in regulating inheritance rights, especially regarding the position and rights of women as heirs. Islamic law determines women's inheritance shares based on the provisions of the Qur'an and Al-Hadith or As Sunnah with the principle of proportionality according to socio-economic responsibilities in the family. On the other hand, customary law is highly dependent on the local kinship system, whether patrilineal, matrilineal, or bilateral, which causes great variation in granting inheritance rights to women. Meanwhile, civil law originating from the Civil Code emphasizes equality between men and women in inheritance rights, without gender differentiation. This study uses a normative legal approach with a qualitative analysis method on primary and secondary legal materials. The results of the study show that although normatively civil law and several customary law systems provide space for equality, in social practice and cultural interpretation of women in obtaining inheritance rights, harmonization between legal systems is still needed, as well as increasing legal awareness in society for women. This study also emphasizes the importance of strengthening the role of the state and law enforcement officers in implementing inheritance rights for women.

Agustinus Nindatu; Louisa M. Metekohy

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2025 International Forum of Researchers and Lecturers

 The main objective of this study is to analyze the perspective of generation z on the implementation of maano culture in the unity of the Piru customary law community. Generation Z is a generation that interacts with technological advances. As a digital generation, technological advances should lead them to be more familiar with local cultures such as maano culture, as a local culture, generation Z must really have knowledge and constructive views on maano culture by grounding this culture to be known to the public as a local culture of the Piru customary law community in particular and the Maluku customary community in general. This qualitative research was conducted using the side snowball technique on generation Z of the Piru customary law community through interview and documentation techniques. then analyzed descriptively qualitatively. The target achievement of this study resulted in. The existence of Maano culture that for generation z of the Piru customary law community states that for some generations they know maano culture through the process of cultural inheritance and for some new generations they know through formal education. Therefore, maano culture is rarely found in Piru society. The existence that has been increasingly lost is caused by several things, namely the absence of a cultural inheritance process, the emergence of an individualistic attitude. In fact, maano culture can foster a sense of togetherness, mutual help and cooperation The efforts to preserve Maano culture that Maano culture should be introduced from generation to generation so that this culture continues to be known and developed by the next generation. Generation Z provides some hope that Maano culture should be introduced more deeply to other Generation Z, and as a digital generation, Maano culture is introduced through social media so as to spur a sense of love for local culture.  

Yasmine Fathiya Raina; Linda Rachmainy

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage in Indonesia is not only regulated by positive law, but also influenced by customary values, such as the tradition of uang panai in the Bugis community in Limpomajang which functions as a form of respect and responsibility for the prospective groom. This research uses a normative juridical method with an analytical descriptive approach to examine the existence of uang panai in the national legal system. The results show that uang panai is part of customary law that remains recognized as long as it does not conflict with laws and regulations and the principle of public order. Therefore, proper understanding from the community and legal apparatus is needed to accommodate customary elements within the framework of national law.

Alexander Frenzo Narahawarin; Andreas M.D Ratuanak; Jurgen R. Litualy

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the role of Larvul Ngabal customary law as an alternative to resolving disputes that occur in virtual space in the Kei Islands community. This study uses a socio-legal research method with a qualitative approach. Data were collected through observation and in-depth interviews with traditional leaders and the community in the Kei Islands. The results of the study indicate that Larvul Ngabal customary law has significant potential in resolving disputes in virtual space, especially because it emphasizes the principles of deliberation, consensus, and restoration of social relations. The Kei Islands community tends to choose customary law because it is considered cheaper, fairer, faster, and able to provide comprehensive recovery compared to state law.

Hafizh Naufalian; Moh. Dandi Putra Susendi; Olivia Zahra Yuwono

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

A Customary law is an unwritten legal system that has lived and developed in Indonesian society since before the arrival of Western law. This article reviews the role of customary law as part of Indonesia's national legal system, focusing on its relevance and existence in the modern era. Through a qualitative approach with a literature study method, this article discusses how customary law continues to exist amid the challenges posed by globalisation and the development of positive law. The author highlights the importance of preserving the values of customary law as it reflects cultural identity as well as a form of recognition of the rights of customary law communities. The results of the discussion show that although customary law is not systematically recorded, it has an important role in dispute resolution, as well as regulating the social life of the community. Therefore, the integration of customary law into the national legal system needs to be improved to create contextual justice rooted in local culture and values.

Fitri, Dini Amalia; Mundakir, Akhmad

DINAMIKA HUKUM 2025 Universitas Stikubank

Indonesia is an archipelagic country rich in ethnic, cultural, religious, and belief diversity. The Indonesian Constitution guarantees freedom of religion and belief, yet adherents of traditional beliefs often face discrimination, particularly in marriage registration. This study aims to evaluate and reconstruct the marriage registration system for adherents of traditional beliefs based on Pancasila's social justice principles. The study employs various theories, including the theory of equal freedom of belief, affirmative action, the legal duty to collect what is scattered, and the principle of iustitia socialis. The findings indicate that the integration of marriage registration institutions, simplification of the registration process, training for registration officers, revision of inclusive regulations, and increased public awareness are crucial to overcoming discrimination and ensuring social justice. The implementation of this reconstruction is expected to provide legal certainty and protection of the rights of traditional belief adherents, reflect Pancasila values, and create a more just and inclusive society.

Nimrot Frare; Luh Ketut Ayu Manik Sastrini; Ni Made Witari Dewi

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In the community of Langkuru Village, Pureman District, Alor Regency, there are often illegitimate children who cause problems because they become a topic of discussion in the community. The process of resolving illegitimate children can be carried out with national law or through customary law as is done by the community of Langkuru Village, East Nusa Tenggara (NTT). The settlement of illegitimate children according to customary law in Langkuru Village, Pureman District, Alor Regency, East Nusa Tenggara, is usually resolved in the Customary Warehouse (langwah) because the Customary Warehouse (langwah) is a place of peace for customary problems and never has to get a court decision because basically the residents of Langkuru Village can resolve it by mutual agreement, either a joint agreement with the family or a joint agreement according to custom. The position of illegitimate children in the distribution of inheritance in Langkuru Village remains the same as the distribution of inheritance against legitimate because it adheres to the matrilineal customary system. This type of research uses an empirical legal research type with a sociological legal approach and primary data sources and secondary data are then analyzed descriptively qualitatively.

Arief Fahmi Lubis; Parluhutan Sagala; Tetty Melina Lubis

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the efforts of National Defense carried out by referring to the management of reserve components in the form of indigenous communities in managing the pandemic and natural disasters. Many indigenous institutions have shown extraordinary abilities in responding to crises quickly and effectively. The purpose of this study is to show that local indigenous institutions play a key role in coordinating aid and reconstruction efforts. The mutual cooperation system that is deeply embedded in the indigenous social structure allows for the rapid mobilization of community resources to help victims and begin the recovery process. Qualitative research uses a descriptive approach to collect data systematically, factually, and quickly according to the description when the research was conducted. The results of this study indicate that the integration of local wisdom in disaster mitigation also has the potential to strengthen the resilience of the community as a whole. By respecting and utilizing local knowledge, disaster mitigation efforts are not only more effective but also more accepted and supported by the local community in order to maintain state sovereignty.

Dina Rahmita; Muthi'ah Muthi'ah; Iqbal Hardiansyah; Wahyu Setiawan Rambe; Muhammad Alfarizi Lubis

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the comparative analysis of customary law and positive law in the context of harmonizing public policy in Indonesia. The main objective is to explore the characteristics of each legal system and their interaction in the formulation of inclusive policies. Customary law, rooted in traditional norms, plays a significant role at the local level, while positive law focuses on formal regulations applied at the national level. Through literature review and analysis, this research identifies key aspects of both legal systems and their contributions to the harmonization of public policy. The findings indicate that the integration of customary law and positive law can strengthen fair and inclusive policies at various levels of governance.

Maisyaroh Maisyaroh; Nur Aida; Widya Sari

Jurnal Ilmu Pendidikan, Bahasa, Sastra dan Budaya 2024 Asosiasi Periset Bahasa Sastra Indonesia

The pre-wedding procession in Mandailing tradition is a tradition that is still carried out today. Mandailing customary law regulates forms of marriage that reflect the community's kinship, cultural and religious values. Traditional weddings involve Dalihan Na Tolu—mora, kahanggi, and anak boru—as the core of the traditional procession. The wedding ceremony begins with a traditional meeting called makkobar or markkatai, where unique and formal greetings are used. Post-wedding processions such as marulahari, mangupa-upa and so on, all of this cannot be separated from the customs that are still inherent in Mandailing customs. All Mandailing traditional practices cannot be separated from the role of dalihan na tolu, especially in matters of marriage. This research uses a literature study method by analyzing traditional documents and related literature. The results show that Mandailing customs not only reflect cultural identity, but also strengthen social harmony and are able to adapt to changing times.