Hidayat, Muhammad (2023) Penerapan Sanksi Adat Dalam Pelaksanaan Perkawinan Sesuku Berdasarkan Hukum Adat Di Desapangkalan Baru Kecamatan Siak Hulu Kabupaten Kampar. Other thesis, Universitas Islam Riau.

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Abstract

The customary marriage law in Pangkalan Baru Village adheres to an exogamy system in which the implementation of same-tribal marriages is prohibited and it is mandatory to marry someone outside their tribe. The tribes in Pangkalan Baru Village include Meliling, Domo, Melayu, Kampai, and Dayun. The prohibition of same-ethnic marriage certainly raises various perceptions, but traditions and beliefs that have been held for generations are still maintained by the Ninik-Mamak of Pangkalan Baru Village, even though these violations are often committed by couples who are married to the same ethnic group. In fact, the consequences are not only borne by the two partners but also by the family and Ninik-Mamak of the same ethnic group who will receive shame and sanctions. So, to explore this research, the authors formulated two main problems, namely the factors that cause same-tribal marriage and the application of same-tribe marriage sanctions based on customary law in force in Pangkalan Baru Village. In this study the authors used empirical legal research, namely research carried out directly at the research location using data collection tools in the form of interviews and observations. The results showed that the prohibition on same-sex marriage in customary marriage law was anything that could cause the marriage not to be carried out because it did not fulfill the requirements required by customary law or religious prohibitions that had entered into the force of customary law. The causal factors according to the results of the study are due to mutual love, weak enforcement of customary sanctions, religious rules that do not prohibit, and premarital pregnancy. Therefore, the form of customary sanctions that have been violated is in the form of the soko law which slaughters a buffalo to be presented to the village community with the term "eating basamo" and the partner who violates is required to leave the village known as "Tobu rotten sebuku, sebuku ajo thrown away", which it means that if there are married couples of the same tribe, they are the ones who would rather leave the village than have to embarrass their family.

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