文章基本信息

标题：ANALISIS YURIDIS TERHADAP LARANGAN PERKAWINAN MASYARAKAT ADAT
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作者：Ferry Irawan Febriansyah ; Anwar Sanusi
期刊名称：DiH
印刷版ISSN：0216-6534
电子版ISSN：2654-525X
出版年度：2020
卷号：16
期号：2
页码：247-258
DOI：10.30996/dih.v16i2.3605
出版社：Law Faculty Doctor of Law Study Program Universitas 17 Agustus 1945 Surabaya
摘要：The purpose of this study is to discuss customary law in the Mirah and Golan areas precisely in Ponorogo district which has its own uniqueness, namely the existence of a marriage ban between the two regions. This ban by some people has become polemic as the times have begun to fade to recognize the existence of customary law. However, this customary rule is still recognized by both the Mirah and Golan communities. Therefore, legal analysis is needed, which is to compare traditional law with existing national law so that there is no gap between customary law and national law. This study has many differences with previous studies related to the prohibition of marriage. The prohibition of customary marriages in this study involved both the Mirah and Golan areas which became customary law that is believed up to now by indigenous peoples. This study uses empirical legal research that is studying and examining social phenomena in society related to marriage and then analyzed juridically. In the discussion it was stated that the customary law regarding the prohibition of marriage of the Mirah and Golan communities is a traditional tradition that has been traditionally implemented by the two regions to date. The development of an increasingly modern era becomes a polemic in addressing these problems. The data that was examined empirically was believed by the community as customary law, namely the Mirah and Golan communities were prohibited from conducting marriages. If this is violated, it will lead to negative sanctions in the form of mystical events that cannot be accepted by reason. The prohibition of marriage between the people in the two regions of Mirah and Golan has indeed taken place since their ancestors in the form of the words of Ki Hanggolono, which has become customary law adopted until now. The relevance of positive law to customary law is very close and complementary to each other, so that the legal position has the same recognition in indigenous communities as long as there is no legal gap.
关键词：adat; hukum; perkawinan