Pergesaran Larangan Perkawinan Semarga dalam Masyarakat Adat Alas (Studi di Desa Batu Mbulan Kabupaten Aceh Tenggara)

Abstract

The Alas community uses a patrilineal kinship system, which recognizes and uses clan as a group designation. Surname is essentially the name of the forerunner of a group of relatives according to the father's lineage. The implementation of customs and customary law in the life of the Alas community is carried out based on the structure and system of customary law. The Alas community adheres to an exogamous marriage system, therefore marriage within the clan according to Alas customary provisions is prohibited. This prohibition on intermarriage has faded in Alas society due to the influence of Islamic law. The formulation of the problem in this research is what the Alas customary provisions in Batu Mbulan Village, Southeast Aceh are regarding same-name marriages, what are the legal consequences for violations of the prohibition on same-name marriages in the Alas community in Batu Mbulan Village, Southeast Aceh, and what are the shifts in resolution regarding the application of Alas customary fines and sanctions if intermarriage occurs in Batu Mbulan Village, Southeast Aceh. This research is empirical juridical legal research with descriptive analytical research characteristics. The research location was in 5 Batu MBulan Villages, Southeast Babussalam District, Southeast Aceh Regency with a population of 2,387 people and a sample of 20 people who were intermarried. The data used is primary and secondary data consisting of primary, secondary and tertiary legal materials. Data collection techniques and tools were carried out using literature studies and field studies by conducting interviews. Data analysis was carried out using qualitative analysis methods. From the results of the research conducted, it can be concluded as follows: First, intermarriage in the Alas community in Batu Mbulan Village, Babussalam District, Southeast Aceh Regency is still prohibited, even though in reality it still occurs a lot. Second, as a result of the prohibition on intermarriage in the Alas community in Southeast Aceh, previously the sanctions were ostracized, expelled from the village and not having a position in customs, complaints were not accepted, insulted, ridiculed by the community, and not allowed to participate in Alas traditional ceremonies, whereas after the advent of Islam it was only required pay customary fines. Third, the shift that occurred towards customary sanctions and fines due to same-sex marriages in Southeast Aceh followed the current situation, after the introduction of Islam to Southeast Aceh, same-line marriages were permitted by carrying out customary sanctions and fines, people still violated this prohibition because they did not know about the problem of Alas customary sanctions, sanctions Today's customs are no longer too difficult for customary violators to carry out. This has resulted in people paying little heed to the prohibition on intermarriage.