IMPLEMENTATION OF ARTICLE 6 PARAGRAPH (1) OF LAW NUMBER 16 OF 2019 CONCERNING MARRIAGE IN ITS RELEVANCE TO THE APPLICATION OF CUSTOMARY SANCTIONS PROHIBITING THE EXOGAMOUS MARRIAGE SYSTEM IN TENGANAN PEGRINGSINGAN TRADITIONAL VILLAGE

Abstrak

This research aims to examine and analyze how the implementation of customary sanctions prohibiting the exogamous marriage system in the Tenganan Pegringsingan Traditional Village is seen from the substance of Article 6 paragraph (1) of Law Number 16 of 2019 concerning Marriage, as well as the impact and solutions of prohibiting the practice of marriage. exogamy against the people of Tenganan Pegringsingan Traditional Village, Manggis District, Karangasem Regency. The type of research used is empirical juridical research using a sociological juridical approach. The research location was carried out in the Tenganan Pegringsingan Traditional Village, Manggis District, Karangasem Regency. The sampling technique used was purposive sampling technique with document study, observation and interviews. The data analysis technique used in this thesis research is descriptive qualitative. The research results show that there is a prohibition on exogamous marriages, the implementation of which is subject to customary sanctions based on the Awig-Awig of the Tenganan Pegringsingan Traditional Village. The implementation of customary sanctions prohibiting the exogamous marriage system in the Tenganan Pegringsingan Traditional Village is not in accordance with the substantive provisions of Article 6 paragraph (1) of Law Number 16 of 2019 concerning Marriage. The impacts resulting from the prohibition of the exogamous marriage system are restraints and restrictions on human rights, which efforts to overcome are by renewing the Awig-Awig Traditional Village and the mindset of the Tenganan Pergringsingan traditional community.