Adat Marriage Law

Adat law KKI 2018

Mahir Karim - 1806229174
Muhammad Ayman 1806229193
Mikaila Jessy Azzahra 1806229180
Magda Pia Rani - 1806229161
Muhammad Hilman Mufidi - 1806229205
M Mahafat Reezky M - 1806229155
Muhammad Kunisyahputra Pasha - 1806229211
Luthfi Arya Ramadhani V - 1806229142
Arian Putra - 1806174414
KKI 2018
Opening :)

In this day and age, true love is quite hard to find. So it is understandable
when we met someone that we love, we would be inclined to form a family with that
certain individual and make babies with them, which now leads us into marriage.
What is marriage according to merriam?

- According to the merriam-webster dictionary marriage is the state of

being united as spouses in a consensual and contractual
relationship recognized by law.

- From that description alone, we can derive that marriage is a

serious relationship between two individuals which will eventually
leads to the birth of a family.
What is the definition of marriage?

- Marriage is a natural thing done and carried out by humans. Not

only limited to biological needs
- In Indonesia as a rule of law, marriage is of course permissible, not
to mention the rules that also regulate it.
- indigenous peoples or jural communities, there are traditional
marriages and customary marriage laws. In contrast to the law
made by the state Law No. 1 of 1974 which basically regulates the
procedures and terms of marriage for every Indonesian citizen who
is legally lawful.
-
What is adat marriage law?

Adat marriage law is the rules of adat law which regulate the forms of marriage, the methods of
marriage, marriage ceremonies, and the termination of marriage according to indigenous peoples in
Indonesia.

Because the composition of society in Indonesia is different, including patrilineal, matrilineal, parental,
and mixed, the forms of customary marriage that apply are different, namely in the form of:
1. Honest Marriage
2. Semanda Marriage
3. Free Marriage
4. Mixed Marriage
5. Runaway Marriage
The Current marriage law in Indonesia
In our beloved country of Indonesia the marriage problem is regulated in Law No. 1 of 1974, which
was created on January 2, 1974.

The law was made taking into account that the philosophy of the State of the Republic of Indonesia is
Pancasila, so a marriage law that applies to all citizens is necessary.

For Muslims in Indonesia, although the law are not exactly the same as the marriage law in Islamic
jurisprudence it has been examined so that it does not conflict with Islamic law.
The Current marriage law in Indonesia

The age requirement for marriage are:

For men: the minimum age for a legal marriage is 18 years old.

For women: the minimum age for a legal marriage is 15 years old.
The Current marriage law in Indonesia
Marriage Registration

Marriage must be recorded as valid proof that will be useful for the couple. This evidence will also be an
important document in all document management and other required administrative requirements. Section
7 Articles 100 and 101 in the Civil Code explain and regulate the matter of recording marriage.

It is explained in Article 100 that marriage is filed through official registration on the deed which is also
recorded in the registry office. Article 27 of the Civil Code also explains that this marriage rule only applies
once. That is, at the same time, a man may only have one wife as well as woman who can only have one
husband at the same time

Prohibition in Marriage

The marriage law also regulates a number of restrictions. This prohibition covers a variety of things that
should not be done regarding marital relations. The Civil Code explained some important prohibitions for
married couples. For example, there must be no sibling relationship between husband and wife. Another
example is the prohibition of marriage because it was decided the judge was guilty of adultery.
The History of Current marriage law in
Indonesia
- Nusantara as the land of Dutch Colonial have the uniqueness of
plurality among its people.
- .The Indische staatsregeling (I.S) divided citizenship in Indonesia to
three classification, Western people, Foreign east people, and
indigenous.
- Ter harr try to generalize 19 different adat law region in Nusantara
he found a unique phenomenon which is adat law and Islamic law is
really hard to distinguished
The History of Current marriage law in
Indonesia
- In the late 19th to early 20th century ter harr and van volen hoven
found out the receptie theory. Which basically said that religion law
will be accepted if is suitable to the society.
- 90% of nusantaran are muslim, there are many adat law that are
influenced by Islamic law
- In the early 1900’s there are many women that oppose the
pluralistic situation and challenge the marriage law of islam and
they pressure to change.
- After independence, In terms of marriage law they propose the
unification of marriage law. This proposal is never been
acknowledgedt because of the impossibility to join the conflicting
group interest
The history of current marriage law in
Indonesia
- There are progress regarding marriage law, its called patchwork reform, consist of:
1. Statutory reform -----> law no 22 year 1946, muslim need to register their marriage.
2. Customary reform ----> Talik talak in islamic marriage, marriage agreement in which some
case make the husband agree for his wife the right to seek divorce in some
circumstances.
3. Judicial reform -------> the pressure have create different perspective of adat law in
supreme court perspective.
- In 31st of august 1973 the house of reprensentative granted the unification but there
are a lot of drama occured because of the new law article

-
The History of current marriage law

the government need to compromise with the situation because state stability was in stake. Finally
there are consensus which are
1. Islamic religious law with regard to marriage would not be decreased or changed
2. The role of islamic would not be decreased
3. Matters contrary to islamic law in the proposal bill would be dropped
4. Civil registration of a marriage would not be required to make marriage valid, a marriage
performed in accordance with the religious law applicable to te party would be suffucient
5. Provisions were needed to prevent arbitrary divorce and polygamy.

And finally everyone is happy because the law is enacted

 The Distinction Between Indonesian and
Adat Marriage Law
B. General requirements
Law No. 1 of 1974 Adat Law

1. Must fulfill the administrative terms by registering at

1. Strongly upholds the approval of family
the recording office that has been determined by
members and family members
legislation (KUA)
2. Can be carried out by a man and several women,
2. Upholds the principle of monogamy, (not absolute as
as wives’ respective positions are determined
parties may desire otherwise if the teachings of his/her
according to the local customary law.
religion allows it)
3. Does not recognize the maturity of the parties.
3. Conducted by parties who have matured
Even if the age of the parties are sufficient,
4. Performed according to the religion of the two parties;
parents / family and relatives must give their
both spouses must have the same religion in order to
consent.
get marry legally.
The Distinction Between Indonesian and
Adat Marriage Law
B. Procedure
Law No. 1 of 1974
● For Non-Moslems; church ceremony and then
record the marriage with the Civil Registry
Office.
● The couple will religious ceremony and a civil
ceremony. The Civil Registry issues a Marriage
Certificate
● Muslim ceremony must be registered at the
local Office of Religious Affairs (Kantor Urusan
Agama/KUA).
Adat Law
A. Van Gennep, implies that there are transitional
ceremonies or "rites de passage" involved in the
process of a customary marriage.
1. Rites de separation - the couple’s farewell
ceremony from their original status.
2. Rites de marge - transition ceremony to new
status.
3. Rites d’aggregation, - the acceptance
ceremony into the new status.
The Distinction Between Indonesian and
Adat Marriage Law
B. Divorce according to Marriage Law
The basis of divorce pursuant to Article 39 of Law No. 1 of 1974:

1. After one party commits adultery, drunks, compactors, gamblers, etc. are difficult to cure.
2. One party leaves the other for two consecutive years without the permission of the other party and without
valid reason or because of something beyond their capacity.
3. One party gets a 5-year prison sentence or a closer relationship after marriage takes place.
4. One party commits cruelty or ill-treatment which severely endangers the other party.
5. One of the parties gets a disability or illness which results in not being able to carry out obligations as
husband and wife.
6. Irreconcilable disputes; there is no hope of both spouses to live together again in a household.

According to article 40 of the Marriage Law, divorce is conducted through a lawsuit to the court.
The Distinction Between Indonesian and
Adat Marriage Law
B. Divorce according to Adat law
a. Prof. Djojodiguno; divorce among communal societies (such as in the Javanese society) are highly
discouraged. The Javanese aspires marriage to last for a lifetime, for couples to grow and become
grandparents
b. The common grounds for divorce are adultery, inability to make a living, abuse, health or physical
disabilities, marital disputes or other terms according to local customary law
c. Procedure;
Divorce arise due to the interests of relatives and society as well as individuals. Married couples are
encouraged by their relatives to settle their disputes and live in harmony and peace. Unless that relative is
unable to resolve the dispute amicably, the dispute is settled through court. According to customary law,
marriage is decided on the basis of the agreement and the willingness of both parties.
Influences of Adat Marriage Law towards
Our Current Marriage Law
● The existence of adat law way before Dutch came
● Our national law was influenced by Adat law
● Does our Marriage law was affected by Adat marriage law?
Reasons for Forming Law no. 1/1974

● Legal pluralism
● Adat varies, have different traditions
● Led to legal uncertainties
● Law no. 1/1974 was a combination of marriage laws, adat laws included
Similarities

● All appropriate adat regulations are put together

● Article 8 regulates on prohibitions of two people getting married
○ Adopted from the system of exogamy and eleutherogami
● Joint property law came from Adat law
Conclusion

➔ According to Adat Law, marriage is one of the most important events in the lives of indigenous
people, because marriage not only concerns merely the bride and groom, but also the parents of both
parties, their siblings, families, and even tribes related. There are special customs and traditions, not
only concerning of religious ties. However the principle are the same, that the union of men and
women is sacred and binding.
➔ General rules are regulated in Law No.1 of 1974, but the interests and procedure of Adat marriage law
are not regulated in them.
Questions/Comments

Sandro (3) : Should marriage law just exist in itself or exist alongside customary law?

Dhifan (6): Does adat law approve different religion marriage?

Ferdi (6) : Do we agree that we should preserved adat marriage law, for the sake of sustaining a particular
adat?

Vito (2): Difference between adat marriage law and other countries? For example Japan

Reyhan (9): Any written document that proves adat law marriage?
Yonathan (10) : Is there a connection between marriage law and inheritance law?

Alysa (5) : How does the bataknese customary marriage law recognises marriage between members of the
same family?

Ilman (9) : The legal consequences of inter-faith marriage?

Joyce (7): How do inter-faith marriage divorce?