7 Hukum Perkawinan Adat 2

Summary

This video lecture delves into the intricacies of marriage law in Indonesia, focusing on both statutory and customary (adat) law. It explores the formal and material requirements for marriage, the role of religion in shaping marriage norms, and the division of marital property. Various cultural practices are examined, such as the ideal forms of marriage in Minangkabau, Batak, and Java, along with procedural variations like elopement and traditional ceremonies. The impact of religion, especially Islam and Christianity, on marital laws and divorce is also discussed, highlighting how both adat and national law shape marriage, property rights, and divorce procedures.

Takeaways

• 😀 The script discusses the laws and procedures related to marriage in Indonesia, focusing on both civil and adat (traditional) laws.
• 😀 It emphasizes that in Indonesia, marriage is considered legally valid in both religious and adat contexts, with the 174th Law being a key reference point.
• 😀 The ideal marriage, according to adat law, varies by region, with examples given from Minangkabau, Batak, and Java regarding marriage practices like cousin marriages and the concept of marriage involving a widow and her late wife's sibling.
• 😀 The legal requirements for marriage in Indonesia have evolved, with modern laws now requiring both men and women to be at least 19 years old to marry, a change from earlier practices where women could marry after one menstruation cycle.
• 😀 The script discusses the formal process of marriage, beginning with proposals, ceremonies, and the legal validation of marriage, with some variations like 'elopement' marriages and their subsequent legitimization.
• 😀 Religious influences, such as Islam and Christianity, significantly impact marriage practices, with notable contrasts in the recognition of polygamy and monogamy between the two religions.
• 😀 The script covers property rights in marriage, distinguishing between communal property (harta bersama) and individual property (harta bawaan), with references to regional differences in how property is managed.
• 😀 In the event of a divorce, the division of property typically involves splitting communal property equally, though the division can vary based on regional customs and specific circumstances, like who owns more wealth in a marriage.
• 😀 The script addresses the impact of divorce on the social and legal status of women, who, after a divorce, return to their family's home and lose claims to shared property, while children’s custody may be decided by the court.
• 😀 Traditional marriage law is dynamic, changing with society’s values, and adapts to modern legal and social norms. It stresses that adat law remains flexible and continues to evolve with societal shifts.

Q & A

What is the legal age for marriage according to the script?

The legal age for marriage, as per the current law, is 19 years old for both men and women. This was amended from the previous law where women could marry after experiencing menstruation once.

How does marriage differ in various regions of Indonesia according to the script?

Marriage practices differ across regions. For example, in Minangkabau, it is ideal for men to marry their cousins, while in other regions like Java, there are no restrictions on family relations. In Kalimantan, marriage practices include customs like 'karangwulu', where a widower marries his late wife's sister.

What are the procedural steps for marriage in Indonesian adat law?

The general process begins with a proposal (lamaran), followed by a marriage ceremony at the groom's house. There are also alternative processes such as 'running away together' (kawin lari), where the couple elopes and informs the woman's family afterward.

How do religion and adat law influence marriage laws in Indonesia?

Religion, especially Islam and Christianity, heavily influences marriage laws. For instance, Islamic law prohibits child marriage, while Christian law upholds monogamy. The adat law may conflict with religious values, as seen in practices like polygamy in Islam.

What is the concept of 'harta bersama' in Indonesian marriage law?

'Harta bersama' refers to the shared property acquired during the marriage, including earnings and possessions. Both spouses have equal rights to manage and dispose of this property, although personal assets brought into the marriage remain individual.

What is the difference between 'harta bawaan' and 'harta bersama'?

While 'harta bersama' refers to property acquired during the marriage, 'harta bawaan' refers to assets each spouse brings into the marriage, such as inheritance or gifts. 'Harta bawaan' remains the individual property of the spouse who brought it into the marriage.

How does the script describe the role of women in property management under adat law?

Under adat law, women are considered capable of managing property and making legal decisions, which contrasts with the Dutch-influenced civil code (BW), where women, once married, are often considered legally incapable of managing property on their own.

What factors influence the division of property in case of divorce under adat law?

The division of property in case of divorce depends on several factors, such as the community's view on fairness and the couple's individual contributions. In some regions, like Java, the husband may retain control over shared assets, while in others, like Sundanese culture, the wife might control 'harta gono gini'.

How does the Indonesian Civil Code (BW) differ from adat law in terms of marriage and property?

The Indonesian Civil Code (BW) traditionally treated marriage property as a combined asset from both spouses, whereas adat law offers more flexibility. Adat law respects the individual ownership of property brought into the marriage and considers the contributions of each spouse.

What are the legal consequences of divorce under Indonesian law according to the script?

After a divorce, both spouses are allowed to remarry. However, women who divorce are generally considered 'widows' and are entitled to live in their parental home. Property division typically ensures that each spouse retains part of the shared assets, though specific divisions can vary.