Pemilikan dan Pemanfaatan Harta Bawaan dalam Suatu Perkawinan pada Masyarakat Karo Muslim (Studi: Kecamatan Tigabinanga, Kabupaten Karo)

Abstract

A marriage is union or agreement between a man and a woman and it arises law consequencies between them. one of the law consequency of the couple's property which is gained by the man had been owned before marriage and property that is gained by each of the during their marriage such as gifts of heritage. The Act that is available in a society is not static, but dynamic. The change is always be influenced by knowledge, experiences, believeness and religion that exists in the society as well as in Moslem Karonese society at Sub-district of Tigabinanga, Regency of Karo, Province of North Sumatera. This study is conducted at Sub-district of Tigabinanga, Regency of Karo, Province of North Sumatera that consist of 1 urban village and 18 rural village. The urban village of Tigabinanga and rural village of Simpang Pergendangen are choosen as samples. The population of this study are all of the Moslem Karonese Society at the study location that are taken purposively for 30 respondents as samples. Therefore, it is necessary to investigate. the ownership of marriage portion and its usage in Moslem Karonese marriage. This study is conducted by having questionaire equipped by direct interview to the respondents and Moslem leaders, interrelated instancy such as the Head of Religion Affair of Tigabinanga Sub-district, the Head of villages in Tigabinanga and the head of Tigabinanga District. The literature study is hold to accomplished the results of study. The collected data are analyzed sistematically by the inductive and deductive methods. The result of the study shows that the status of marriage portion ownership and its usage available in Moslem Karonese _: Society exists in Tigabinanga Sub-district, Regency of Karo have be altered from the custom law of Karonese society, but Islamic act or Regulation No. 1 of 1974 to that alteration. Morally, all of marriage portion in Moslem Karonese Society became a collective properties of the couple, because they think that there are only one pocked of storage of the family properties in a household that called as sada gajut-gajut it means a mutually shared-wealth of family. But the property right is hold by the husband and wife juridically. If the marriage is broken by divorce, the marriage portion is returned to the owner. But if the marriage is broken by the death, their properties are accupied by the husband or wife and their children. During the marriage, the marriage portion is referred to meet the need of the household. The Moslem Karonese society at sub-district of Tigabinanga, have not a law awareness to record the marriage portion and there are not couple who record their property. The result of the study is aimed to enforce the law in the ownership and the usage of marriage portion according to the law awareness and justice in Moslem Karonese society. In order to increase that law enforcement in Moslem Karonese society on the ownership of marriage portion and its usage, it is important to increase the law awareness of the society to record the properties in a marriage.