PENERAPAN SANKSI ADAT SUKU KANDANG KOPUH TERHADAP PERKAWINAN SESUKU AKIBAT ZINA DI DESA PEMATANG BERANGAN KECAMATAN RAMBAH KABUPATEN ROKAN HULU

Abstract

Customary law is a living law because it embodies the real legal feelings of the people.
According to Islamic law, zina is any sexual act or relationship carried out outside marriage.
Application of customary law to perpetrators of adultery, especially in Pematang Berangan
Village, Rambah District, Rokan Hulu Regency. The main problems of this research: first, how
is the resolution of inter-ethnic marriages due to adultery in the customs of the Kandang Kopuh
Tribe in Pematang Berangan Village, Rambah District, Rokan Hulu Regency? Second, what is
the process of implementing customary sanctions against perpetrators of same-ethnic
marriages due to adultery in the Kandang Kopuh Tribe custom in Pematang Berangan Village,
Rambah District, Rokan Hulu Regency?
This research is sociological legal research, namely research carried out directly at the
location or field to obtain data to provide a complete and clear picture of the problem being
studied. This research was conducted in Pematang Berangan Village, Rambah District, Rokan
Hulu Regency. The sample population is all parties related to the problem studied in this
research. The data sources used are primary and secondary data sources. The data collection
techniques used were interviews and literature review.
From the research results, there are two main problems that can be concluded, firstly,
the resolution carried out in the RS and F cases is in the form of sanctions, as for the customary
sanctions or fines given to adultery perpetrators according to customary law in Pematang
Berangan Village: paying the adultery fine in the form of 1 (one) goat's tail. Second, the
implementation of sanctions for the adultery problem in Pematang Berangan Village was
resolved in several stages: 1. Settlement amicably, 2. Settlement through deliberation with
Ninik Mamak and Datuk Adat. The sanctions given are one goat for adultery after deliberation,
and one cow for the process of leaving the tribe, and one cow for the process of entering the
tribe by praying together inviting Datuk Adat, Ninik Mamak, Alim Ulama and the Community.
To prevent inter-ethnic marriages from occurring as a result of adultery, Ninik Mamak in
Pematang Berangan Village should emphasize the customary sanctions that apply properly as
long as they do not conflict with religious rules to provide a deterrent effect to the perpetrator
so that other people are afraid to make the same mistake. It would be better if the process of
resolving inter-ethnic marriages due to adultery in Pematang Berangan Village prioritizes
collective interests rather than individuals so that justice is created and does not appear biased,
and village residents make village rules that prohibit teenagers from carrying out activities
after 10 pm except for activities that are held by the village. So that things that are out of our
control do not happen and prevent damage to the younger generation.
Keywords: Customary Law-Zina-Setribal Marriage-Customary Sanctions