PENYELESAIAN PELANGGARAN LARANGAN KAWIN SATU SUKU BERDASARKAN HUKUM ADAT MELAYU PETALANGAN PADA MASYARAKAT ADAT DESA TAMBAK KABUPATEN PELALAWAN

Abstract

Same-ethnic marriage is a ban on marriage in the indigenous people of Tambak Village,
Langgam District. This is because the customary law system views same-ethnic marriages as
marriages that occur within one family or one breastfeeding. The indigenous people of Tambak,
Langgam District, are still guided by the fatwas from their ancestors. So in this case the indigenous
people in Tambak Village, Langgam District, still prohibit same-tribe marriage. The purpose of this
thesis research is first, the factors that cause same-tribal marriage in indigenous peoples in Tambak
Village, Langgam District, Pelalawan Regency. Second, settlement of violations of the prohibition
on same-tribal marriages committed by traditional leaders in the indigenous people of Tambak
Village, Langgam District, Pelalawan Regency.
This type of research can be classified into the type of sociological juridical research. With
the research location in Tambak Village, Langgam District, Pelalawan Regency. While the
population and sample are parties related to the problem under study. This study used primary data
sources and secondary data and data collection techniques were carried out by means of interviews
and literature review.
The results of the research conducted by the author are, First, the causes of one-tribe
marriage in indigenous peoples in Tambak Village, Langgam District, Pelalawan Regency are
caused by a lack of understanding of customs and tribes in Tambak Village, Langgam District,
Pelalawan Regency; decreased public compliance; Affection and mutual love; law is defeated by
time; Because in Islamic law there are no rules governing the prohibition of same-ethnic marriages.
Second, the settlement of violations of the prohibition on same-tribal marriages perpetrated by
traditional leaders in the indigenous people of Tambak Village, Langgam District, Pelalawan
Regency can be carried out by means of the customary leader (datuk shoot inner/penghulu) carrying
out clarification of couples who violate customary same-tribal marriages; listen to explanations or
clarifications by perpetrators of ethnic marriage offenders; customary leaders will deliberate to
reach a consensus/decision; after finding a consensus, the traditional leader conveys the customary
sayings and inner shoots conveys their attitudes and decisions; sanctions for violators of same
ethnic marriages, namely expulsion from the village; if the violator asks for forgiveness, he must pay
1 (one) buffalo along with other equipment; paying customary fines by feeding 1 (one) Nagari; if
the customary fine has been paid, the offender of the same ethnic marriage has been reinstated. The
author's suggestion is that traditional leadersandthe role of parent return to actively holding
customary meetings involving all elements of the village community, including the younger
generation, so that traditional values that have been passed down from generation to generation can
be re-instilled
Keywords: Prohibition, Same-Ethnic Marriage, Indigenous Peoples