Fenomena Marlojong (Kawin Lari) pada Masyarakat Hukum Adat Mandailing di Kecamatan Panyabungan Kabupaten Mandailing Natal

Abstract

Marriage is an essential issue for human life, because in addition to marriage as a means to form a family, marriage is also a human nature to meet biological needs. Mandailing society uses the system of honest marriage so that it obliges to give honest money (tuor) to the female side. Mandailing indigenous society has its own customs in carrying out marriage as well as through a number of stages that are quite long.In spite of the customs of marriage of the tribe of Mangailing that is so long, there are other efforts that can be made by the community of Mandailin to realize the occurrence of a marriage, that is, by way of marlojong (elopement). The type of research used in the research of this thesis is empirical legal research. research in the writing of this dissertation is descriptive analytical using 2 (two) approaches, namely the legal approach and the historical approach. This research data source comes from secondary data obtained from library material and primary data from the results of interviews. In data collection researchers do so with library studies and field studies. data collection tools used are document study and interview guidelines. The data that has been collected will then be processed using data analysis that is qualitative, i.e. by means of all data collected from primary legal materials as well as secondary legal materials. The process of elopement in the Mandailing indigenous community begins with introductions (mangkusip, martandang), marlojong, marjamita mandokon so ulang agoan, marjamita mandokon so ulang menurut adat, manulak sere, mangalehen mangan pamunan, married, pabuat boru, and ends with pasahat mara. Marriage by elopement is generally said to be valid according to customary law, because each region must have its own ways and rules in resolving it, then according to Islamic law marriage by elopement is valid as long as the implementation of the marriage has fulfilled the pillars and conditions of marriage, according to the Marriage Law, marriage by elopement is said to be valid as long as the marriage is in accordance with the teachings of their respective religions and beliefs and must be recorded in the country.