Kajian Yuridis atas Keabsahan Status Perkawinan Sipemena Menurut Hukum Positif di Indonesia (Studi Kasus di Desa Marike, Kecamatan Kutambaru, Kabupaten Langkat)

Abstract

There are streams of belief in Indonesia that are playing a role and also have active partisans, for example Buhun Beliefs (West Java). Kejawen (Central and East Java), Parmalim (Batak), Kaharingan (Kalimantan) and so on. The Karo people have their own traditional beliefs which is called the Sipemena Beliefs. Problems occur as their beliefs are not accepted by the state in the Marriage Law. This thesis discusses several issues, namely the validity of marriages of animist beliefs in terms of the legality of marriage according to the Marriage Law no. 1/1974, problems that occurr in Marite Village in recording Sipemena marriages, and Legal Consequences and

protection for the Sipemana Beliefs that do not have marriage records in Marike Village The writing of this thesis uses a Juridical Empirical research method which is Analytical Descriptive in nature. The theory employed in writing the thesis is the Theory of Legal Certainty and The Theory of Legal Protection. This thesis uses a statutory approach and a case approach. Sources of research data are primary and secondary data Data collection techniques and tools used are library research, interviews and field studies. The data are analyzed using qualitative analysis methods.

From the research carried out, the conclusions are drawn as follows: First, Karo customary marriage adheres the law of exogamie (marriage outside of certain ethnic groups), where in fact the Karo tribe people do not marry within their own clan group (turang). The Batak Kare customary marriage is full of stages that cannot be carried out haphazardly because it must be based on the agreement of the families of the two, bride and groom. For the Karo people, socially, marriage is marrying the two extended families and their ancestors. Pamena is an animistic belief that is born and developed in the Karo tribe people of North Sumatra Province. The government still considers that this belief is not a religion that is recognized by the government. With this recognition, it makes adherents of a belief system not have good legal certainty. especially in terms of registering marriages which results in having to leave the religion they believe in and being forced to choose the religion provided by country. Second, the legal status of marriage for adherents of the Sipemena belief in the Karo tribe people is actually accommodated in Law Number 23 of 2006 concerning Population Administration, although it has not yet covered in detail how to protect the rights of adherents or adherents of the belief, in this case the Sipemena belief, at least the state recognizes the existence of streams of belief and also the rights of adherents. The guarantee of the rights of adherents of belief, in this case Sipemena belief, in the Population Administration Law, is nothing but a form of coherence in Article 2 paragraphs 1 and 2 of Law Number 1 of 1974. Third, the legal consequences received by adherents or adherents of Sipemena beliefs who go into marriages, the biggest impact that can cause other impacts in the future are not registering the marriage. By not registering the marriage, the status of the marriage is administratively illegitimate which is regulated by the State, the impact on the status of the children born from the morriage and the assets generated during the marriage takes place.