Roza, Maidita (2023) Pelaksanaan Sanksi Adat Atas Pelanggaran Larangan Perkawinan Sesuku Menurut Adat Andiko Nan 44 (studi Di Kenegerian Tobiong Xiii Koto Kampar). Other thesis, Universitas Islam Riau.

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Abstract

Customary law is original Indonesian law, customary law regulates several aspects in society, one of which is marriage. Regarding marriage in a traditional community group, there are definitely rules and prohibitions that must be obeyed by the traditional community. Such as the prohibition on inter-ethnic marriages in the Andiko nan 44 Kenegerian Tobiong community. Interracial marriage is a marriage between a man and a woman who come from the same tribe. This prohibition exists because inter-ethnic marriages can damage the kinship and descent system according to materiallineal lineages. Formulation of the problem in this thesis: first, how are customary sanctions implemented against perpetrators of same-ethnic marriages according to the Andiko Nan 44 custom in Kenegerian Tobiong XIII Koto Kampar? Second, what is the role of Ninik Mamak in enforcing laws or sanctions in same-ethnic marriages according to the Andiko Nan 44 custom in Kenegerian Tobiong XIII Koto Kampar? The type of research used is sociological juridical research, namely research on the effectiveness of current laws. This research was conducted at Kenegerian Tobiong XIII Koto Kampar. Respondents in this research are all parties related to this research. The data sources are primary data, secondary data and tertiary data. The data collection techniques used were interviews, documentation and literature study. The results of this research are first, the implementation of customary sanctions against perpetrators of same-ethnic marriages is carried out in deliberation by all traditional leaders in Tobiong Kenegerian, perpetrators of same-ethnic marriages and their families. Implementation involves determining sanctions, imposing penalties and paying fines. Two couples who committed same-ethnic marriages carried out the sanctions that had been given. However, one couple who committed an inter-ethnic marriage did not carry out the sanctions that had been given. So if sanctions for violations of customary rules are not implemented, then the implementation of sanctions against perpetrators of sameethnic marriages will not be implemented properly because there are still perpetrators of same-ethnic marriages who do not carry out the sanctions that have been given. Second, Ninik Mamak's role in enforcing sanctions in ethnic marriages is still the same as it has been since the beginning until now. The ninik mamak said that the ninik mamak's role in enforcing sanctions was running as it should. However, based on data from the perpetrators of same-ethnic marriages, there are couples from same-ethnic marriages who say that the ninik mamak has played a good role, while there are also couples from same-ethnic marriages who say that the role of the ninik mamak is less than optimal in enforcing sanctions. This is due to the lack of communication between nieces and nephews and their ninik mamak so that there are perpetrators of same-ethnic marriages who do not carry out the sanctions given to them. So the role of ninik mamak in enforcing sanctions on same-ethnic marriages is not optimal.

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