Analisis Pemberian Marga pada Nama Melalui Proses Mangain Kepada Suku Di Luar Batak Toba (Studi Penetapan Pengadilan Negeri Balige Nomor 19/Pdt.P/2020/PN Blg)

Abstract

Inter-ethnic marriages have become increasingly common in the era of urbanization and migration. Batak Toba cultural figures and scholars have sought solutions to accommodate the changing societal conditions. Individuals who have undergone Mangain are entitled to bear the surname (marga) of the adoptive family in accordance with Batak Toba customs. The request to change one's name to include a marga in official identity documents is crucial for the Batak Toba people. Permission for name change is subject to fulfil civil administrative requirements and obtain legal certainty as regulated by Law No. 23 of 2006 (Administrative Adulthood).

This study employs a normative juridical legal research approach, supported by empirical data, with a descriptive analytical research nature. The research methodology incorporates a statute approach and a case approach. The data used consists of primary data obtained from court cases and interviews with judges, and secondary legal sources. Data collection methods involve literature reviews and field studies. Empirical data for this study was collected from the Head of the Civil Registration at the Population and Civil Registration Office of Medan City.

The results of this study show that the court's decision to reject the request on the grounds that it did not meet the adoptive requirements stipulated in Government Regulation No. 54 of 2007 on the implementation of adoption, and because it deems the request was deemed to potentially obscure the applicant's original identity. However, in Batak Toba customary law, particularly the marga (surname) system, marga in identity documents is highly significant, as it determines one's position within the extended family and clarifies lineage status.