Analisis Yuridis Keabsahan Praktik Kawin Tangkap dalam Masyarakat Adat Sumba Ditinjau dari Undang-Undang Perkawinan

Abstract

The recognition of legal pluralism in Indonesia frequently gives rise to normative conflicts between customary law provisions and national positive law. The phenomenon of the "kawin tangkap" (Piti Rambangu) tradition on Sumba Island has become a crucial debate as it involves an element of coercion that disregards the element of consent in marriage. This study aims to analyze the validity of the capture marriage practice from the perspective of Law Number 1 of 1974 concerning Marriage, as amended by Law Number 16 of 2019, and to examine the compatibility of the capture marriage practice with the applicable national law in Indonesia. The method employed is normative-juridical with statutory and conceptual approaches, supported by a literature study on marriage regulations, customary law theories, and related literature. The research findings indicate that the practice of capture marriage is fundamentally invalid because it contains a defect of will, which violates Article 6 Paragraph (1) of the Marriage Law. The conclusion of the study emphasizes the importance of harmonization between national law and existing customary traditions through the revitalization of cultural values by stakeholders, ensuring alignment with humanitarian principles, the protection of women's rights, and the supremacy of marriage law in Indonesia.