DENDA ADAT TERHADAP PERJANJIAN PEMBATALAN PERTUNANGAN DI KABUPATEN PELALAWAN

Abstract

The engagement process usually has a tradition of giving each other gifts.
This engagement is still possible to be canceled. Unilaterally canceling an
engagement, among other things, provides reasonable (reasonable) reasons for
the other party to cancel the marriage or resign without mentioning the reasons
that can be recognized. In practice, the cancellation of the engagement of one of
the parties does not fulfill its promise, then the sign must be returned in the
amount or multiplied from what was received but the fine is replaced not in
accordance with customary provisions causing conflicts. The purpose of writing
this thesis, namely: First To find out the mechanism of fines for the cancellation of
the engagement agreement, Second To find out efforts to resolve disputes on the
fulfillment of fines of the cancellation agreement by women who are not in
accordance with customary provisions.
This type of research can be classified as sociological, because in this study
the authors directly conducted research at the location or place under study in
order to provide a complete and clear picture of the problem under study. This
research was conducted in Angkasa Village, Bandar Petalangan Subdistrict,
Pelalawan Regency, while the population and sample were all parties related to
the problems examined in this study, the source of the data used were primary
data, secondary data and tertiary data, data collection techniques in this study
with interviews and literature study.
From the results of the study, it can be concluded that the first 2 things, the
mechanism of the fine for the engagement cancellation agreement has been
running properly where the woman replaces the fine with a plot of land on top of
the house. can be valued with money according to customary provisions as much
as 2 (two) times. Secondly, efforts to resolve disputes regarding the fulfillment of
fines for cancellation of engagement by women that are not in accordance with
adat provisions have already led to deliberations led by customary stakeholders
themselves. However, the results of the deliberation were not valued and were not
accepted by either party. So ninik mamak provides a solution to resolve this
problem to the legal path of the court where the decision will be incraht (legally
binding) and binding on the parties.
Keywords: Customary Penalty-Cancellation-Engagement.