Perkembangan Adat Perkawinan Masyarakat di Mandailing Natal (Studi Kasus di Desa Aek Marian Kecamatan Lembah Sorik Marapi)

Abstract

Marriage in the meaning of "custom engagement", is marriage that has a legal effect on customary law, which is applicable in the relevant community. The legal effect has been there since the marriage occurred, for instance by holding marriage proposal between “rasah anak” (children’s relationship, virgin girl) and “rasah tuha” (the relationship between the family of the prospective husband and wife). According to local customary law, marriage is not only an act of social, cultural, magical-religious but also a legal act. It is said as social as because marriage is a social product. The social act itself means that the marriage is binding all elements sociologically, both individuals and society. The community in Aek Marian village, Lembah Sorik Merapi subdistrict, Mandailing Natal regency has rituals that must be performed before executing the customary marriage. The ceremonies and rituals conducted to pray for the happy marriage ever after. Problems formulations in this research are (1) How is the form and procedures of the implementation of customary marriage?, (2) How is the legal effect of customary conducted marriage?, and (3) Why does the community still hold the customary marriage? This type of research and writing in this thesis is a normative legal research. Normative legal research is research that examines the applied norms, namely the Act that is relevant to the legal issue mentioned above. Results of the research and discussion explain the forms and procedures of local custom marriage in Mandailing Natal regency, started from validity of the Islamic marriage between the bride and groom through akad nikah (marriage agreement). This akad nikah later followed by two separate event, which are in the bride’s side (boru na ni oli) with a special speech (markobar) and in the groom’s side (bayo pangoli). The legal effect rose from the marriage are husband’s relationship, relationship of children born from the marriage, and the issue of property wealth both before and during the marriage. The reasons why community still perform the customary marriage are as follows: cooperativeness (kegotongroyongan), deepening kinship, harmony of community, and the preservation of local custom in the society.