PENOLAKAN PEMBERIAN WALI NIKAH OLEH BANGSAWAN KEPADA JAJAR KARANG DALAM PERKAWINAN ADAT BANGSAWANSASAK DITINJAU DARI UNDANG-UNDANG NO. 1 TAHUN 1974
(Studi Kasus Di Desa Kotaraja Kecamatan Sikur)
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Institusion
Universitas Gunung Rinjani
Author
Eka Yunianti, Baiq
Subject
Ilmu Hukum
Datestamp
2020-03-21 08:14:55
Abstract :
Nobility is one of the tribes that have lombok by having a high degree among the community, because the nobility is seen as a descendant who has good manners and clever sociability, while the coral rows is a term for various groups who do not have nobility (ordinary people). Marriage carried out by nobles with coral rows is a violation of the nobility's custom, so that if the marriage is carried out the offspring will be subject to customary sanctions, in the form of, among others: 1. The Noble Woman Will Be Discharged (tasted) From the Line of descent. 2. Can't Hold a Party (Begawe) Large 3. Mahar is required with a plot of land and house building. 4. Noble women will be dropped from the list of inheritance recipients. Of the various types of customary sanctions given to coral reefs, as a form of disagreement with women of royal descent married to men of coral corps, as well as a way to maintain the integrity of their offspring, because if the offspring of noble women marry with a row of corals then every child born is not said as descendants of nobility but vice versa. so that the weight in carrying out the marriage was carried out by the noble guardian. So it tends to refuse the giving of guardians to the coral reefs. The refusal of guardians in the invitation system in Indonesia is not justified when the reason for the refusal is due to differences in status in terms of social strata, rejection that is justified by law accordingly. However, in Presidential Instruction No. 1 of 1991 concerning Compilation of Islamic Law Article 61 states that "no sekufu cannot be used as an excuse to prevent marriage, unless it is not due to religious differences (ikhtilafu al-dien) "
Nobility is one of the tribes that have lombok by having a high degree among the community, because the nobility is seen as a descendant who has good manners and clever sociability, while the coral rows is a term for various groups who do not have nobility (ordinary people). Marriage carried out by nobles with coral rows is a violation of the nobility's custom, so that if the marriage is carried out the offspring will be subject to customary sanctions, in the form of, among others: 1. The Noble Woman Will Be Discharged (tasted) From the Line of descent. 2. Can't Hold a Party (Begawe) Large 3. Mahar is required with a plot of land and house building. 4. Noble women will be dropped from the list of inheritance recipients. Of the various types of customary sanctions given to coral reefs, as a form of disagreement with women of royal descent married to men of coral corps, as well as a way to maintain the integrity of their offspring, because if the offspring of noble women marry with a row of corals then every child born is not said as descendants of nobility but vice versa. so that the weight in carrying out the marriage was carried out by the noble guardian. So it tends to refuse the giving of guardians to the coral reefs. The refusal of guardians in the invitation system in Indonesia is not justified when the reason for the refusal is due to differences in status in terms of social strata, rejection that is justified by law accordingly. However, in Presidential Instruction No. 1 of 1991 concerning Compilation of Islamic Law Article 61 states that "no sekufu cannot be used as an excuse to prevent marriage, unless it is not due to religious differences (ikhtilafu al-dien) "
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