Local Law Conflict with National Law in Marriage of Lombok
Journal Title: IOSR Journal of Humanities and Social Science - Year 2018, Vol 23, Issue 7
Abstract
This study describes the conflict of Local Law with National Law in the marriage of the Sasak tribe. Conflict is motivated by the difference of marriage age requirement according to Law of Marriage with the principle that applied in Sasak tribe. Similarly to the criminal provisions that can ensnare them as perpetrators of criminal acts because marriage is done by pulling the girl from the bonds of parents and their families. Based on these conditions, it is necessary to examine the gaps of convergence between the two legal systems in order to harmonize the law in society. This research uses social legal research method, and the result that the practice of pulling has caused latent conflict and manifest in some society, such as the existence of the event that ended in Court. In addition, the pull is also considered as a factor triggering the rampant early marriage that affects the high rate of divorce and maternal mortality, so the government takes an imperative attitude to minimize the impact of pulling with uniform age of marriage, including in customary territories whose condition is not quite in line with the argument.
Authors and Affiliations
Hilman Syahrial Haq, Khudzaifah Dimyati, Absori .
Keywords
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- EP ID EP419544
- DOI 10.9790/0837-2307053035.
- Views 67
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