Application Of Karo Customary Law On Semarga Marriage In The Purba Clan (Study Of The Karo Community At Kabanjahe House Karo Regency)

by ADMIN 134 views

Application of Karo Customary Law on Semarga Marriage in the Purba Clan: A Study of the Karo Community at Kabanjahe House Karo Regency

Introduction

The Karo community, located in the Kabanjahe House Karo Regency, has a rich cultural heritage that is deeply rooted in their customary law. One of the most interesting phenomena in the Karo community is the practice of Semarga marriage, also known as "Turang" in local terms. This practice is considered a deviation from the applicable customary norms and is often viewed as despicable by the Karo community. In this article, we will delve into the application of Karo customary law on Semarga marriage in the Purba clan and explore the consequences of this practice.

Marriage Law Regulation in Indonesia

In Indonesia, the arrangement of marriage has undergone significant evolution. Before the enactment of Law Number 1 of 1974 concerning Marriage, marriage issues were only regulated in a limited basis in the Civil Code (KUH Civil Code). The law defined marriage as an inner and spiritual bond between a man and a woman, with the aim of forming a happy and eternal family, in accordance with the principle of God Almighty. This definition has been widely accepted and is still applicable today.

Customary Law in Karo Tribal Marriage

Marriage between the Karo community is also regulated by different customary laws between tribes. Every clan or clan has its own rules that regulate marriage. The ancient clan, for example, has a strict regulation regarding semarga marriage. In this context, the Ancient Clan is known to originate from the Karo clan and distinguishes itself from the Ancient clan in the Simalungun and Toba areas, even though their origins can be traced to the area.

The Consequences of Semarga Marriage

Semarga marriages in the Ancient Clan have various significant legal consequences:

  • Social Stigma: The couple involved in marriages will face social stigma and may be seen as low by their community. They can be subject to traditional sanctions, such as fines or even exclusion from community groups.
  • Identity and Recognition: Children born from marriages can face the problem of identity and recognition in the community. They can be deemed indigenous to the custom, which affects their rights, including inheritance and recognition in the kinship system.
  • Conflict between Clans: This can result in conflict between the clans and weakening relations between families that should be well established.

Research and Methodology

This study uses a normative legal approach by emphasizing secondary data. The data collection method used was a literature study and interview, which was conducted at Kabanjahe's house, Tanah Karo, North Sumatra. This study aims to provide a deeper understanding of the practice of marriage semarga in the context of customary and applicable law.

Conclusion

The application of Karo's customary law to the marriage of Semarga in the Ancient Clan shows a big challenge in living social and legal life. Deviations from customary norms can cause serious consequences for individuals and society as a whole. Therefore, a deep understanding of marriage law in Indonesia and the cultural context of the Karo community is very necessary to respect and understand this complexity. Thus, it is hoped that this article can provide useful insights for readers and encourage dialogue about the preservation of customary law in the midst of the dynamics of modernization.

Recommendations

Based on the findings of this study, the following recommendations are made:

  • Education and Awareness: The Karo community should be educated about the importance of customary law and the consequences of deviating from it.
  • Preservation of Customary Law: Efforts should be made to preserve and promote the customary law of the Karo community, including the regulation of semarga marriage.
  • Dialogue and Collaboration: Dialogue and collaboration between the Karo community and other stakeholders, including government and civil society organizations, should be encouraged to promote understanding and respect for customary law.

Limitations of the Study

This study has several limitations, including:

  • Limited Scope: The study only focuses on the Karo community and does not consider other communities that may have similar practices.
  • Limited Data: The study relies on secondary data and may not have access to primary data, which could provide more accurate information.
  • Limited Generalizability: The findings of this study may not be generalizable to other communities or contexts.

Future Research Directions

Future research should focus on:

  • Comparative Study: A comparative study of the customary law of different communities, including the Karo community, should be conducted to identify similarities and differences.
  • Primary Data Collection: Primary data collection should be conducted to provide more accurate information and to increase the generalizability of the findings.
  • Policy Recommendations: Policy recommendations should be developed based on the findings of this study to promote the preservation and promotion of customary law.
    Q&A: Application of Karo Customary Law on Semarga Marriage in the Purba Clan

Q: What is Semarga marriage in the Karo community?

A: Semarga marriage, also known as "Turang" in local terms, is a practice that is considered a deviation from the applicable customary norms in the Karo community. It is a type of marriage that is not recognized by the Karo community and is often viewed as despicable.

Q: What are the consequences of Semarga marriage in the Ancient Clan?

A: The consequences of Semarga marriage in the Ancient Clan include social stigma, identity and recognition problems for children born from the marriage, and conflict between clans.

Q: How does the Karo community view Semarga marriage?

A: The Karo community views Semarga marriage as a deviation from the applicable customary norms and is often considered despicable. The community has a firm view of this customary violation and may impose traditional sanctions, such as fines or exclusion from community groups.

Q: What is the significance of customary law in the Karo community?

A: Customary law plays a significant role in the Karo community, as it regulates various aspects of life, including marriage. The Karo community has its own rules and regulations that govern marriage, and deviations from these norms can have serious consequences.

Q: What is the role of education and awareness in promoting customary law?

A: Education and awareness are crucial in promoting customary law. The Karo community should be educated about the importance of customary law and the consequences of deviating from it. This can help to promote understanding and respect for customary law.

Q: How can the preservation of customary law be promoted?

A: The preservation of customary law can be promoted through efforts to preserve and promote the customary law of the Karo community, including the regulation of semarga marriage. Dialogue and collaboration between the Karo community and other stakeholders, including government and civil society organizations, should also be encouraged.

Q: What are the limitations of this study?

A: This study has several limitations, including a limited scope, limited data, and limited generalizability. Future research should focus on addressing these limitations and providing more accurate information.

Q: What are the future research directions for this study?

A: Future research should focus on conducting a comparative study of the customary law of different communities, collecting primary data, and developing policy recommendations to promote the preservation and promotion of customary law.

Q: What is the significance of this study for the Karo community?

A: This study provides a deeper understanding of the practice of marriage semarga in the context of customary and applicable law. It highlights the importance of customary law in the Karo community and the need to promote its preservation and promotion.

Q: What are the implications of this study for policy and practice?

A: The findings of this study have implications for policy and practice, particularly in the areas of education and awareness, preservation of customary law, and dialogue and collaboration between the Karo community and other stakeholders.