6 Hukum perkawinan adat 1

Summary

The video discusses various Indonesian cultural practices related to marriage, focusing on adat (customary law) in regions like Bugis, Makassar, Bali, and Java. It highlights the roles of women and family dynamics, such as the right to kill a man who abducts a woman in Bugis society, and the unique marriage customs in Bali, where the groom and bride may swap legal statuses. The concept of 'Kawin Gantung' (delayed cohabitation) and child marriages, often arranged by parents for social or economic benefit, are explored. The video provides an insightful look into traditional marriage systems and their evolution in modern legal contexts.

Takeaways

• 😀 Traditional marriage practices in Bugis and Makassar cultures involved severe retaliation from maternal relatives if a woman was abducted, though these practices are now obsolete due to modern law.
• 😀 In Bali, if a woman's family lacks male heirs, a man may marry her, and his legal status changes to that of a woman, while the woman adopts a male role in the patrilineal system.
• 😀 Child marriage in Bali involves ceremonial union without immediate cohabitation. The couple only begins living together once they are deemed mature enough.
• 😀 'Kawin Gantung' (Hanging Marriage) is a practice where couples marry ceremonially but live separately until they are old enough to cohabit as a married couple.
• 😀 Child marriages are often driven by parental wishes, not the desires of the children, sometimes leading to divorce later in life due to mismatched personal desires.
• 😀 Marriages in some cultures are arranged to solidify familial ties, with the expectation of mutual benefits between the families.
• 😀 In traditional marriage practices, a wealthy woman may marry a poorer man (Lindung Kagelung), or a wealthy man may marry a poorer woman (Bagi Kaya).
• 😀 In some traditional practices, young girls may be married to older men, but the men will reside with the bride's family until the girl reaches maturity.
• 😀 The concept of child marriage is often linked to preserving family ties and lineage, which can be a strong motivator for the practice.
• 😀 The example of Prophet Muhammad’s marriage to Aisha, where they did not live together immediately, is cited as a parallel to modern practices like Kawin Gantung, where the couple is initially separated until they mature.

Q & A

What is the traditional custom in Bugis and Makassar regarding the kidnapping of women?

In Bugis and Makassar cultures, the female's family historically had the right to punish men who abducted women, sometimes even to the point of death. However, this custom is no longer practiced due to modern legal frameworks.

How does Balinese marriage customs differ in terms of family and inheritance?

In Bali, when a woman marries, her husband adopts the woman's family status and inheritance rights. This reflects the matrilineal structure in Balinese society, where family and inheritance are passed through the female line, even though Bali's customs are generally patrilineal.

What is the concept of 'Kawin Gantung' in Indonesian marriage customs?

'Kawin Gantung' refers to a traditional practice where a marriage is formalized, but the couple does not live together until they reach maturity. This practice is similar to historical Islamic marriage customs, where the couple was not expected to cohabit until both were considered old enough.

What are the motivations behind child marriage in some Indonesian cultures?

Child marriages were often motivated by family alliances, strengthening of kinship ties, or the transfer of wealth. These arrangements were typically made by the parents rather than the children themselves, and sometimes resulted in later divorces when the individuals grew older and developed different desires.

What happens if child marriage occurs in Bali, especially for underage girls?

In Bali, while child marriage is prohibited, some forms of traditional marriage ceremonies can still take place. However, the couple usually does not live together until both parties are deemed mature enough. This is part of a broader understanding that child marriage may not immediately result in cohabitation but still formalizes the relationship.

What is the social implication of child marriage in terms of divorce?

Child marriages often end in divorce because the individuals involved may grow apart as they mature. As their personal interests and desires change, they may not feel the same connection to their arranged partners, leading to the dissolution of the marriage.

What is the significance of the 'lindung kagelung' and 'gawe' marriage types?

'Lindung kagelung' is a marriage between a wealthy woman and a poor man, while 'gawe' refers to a marriage between a young girl and an older man, where the couple doesn't immediately live together. These forms of marriage were often influenced by social status or age disparities.

How does the practice of child marriage affect the future lives of the children involved?

Child marriage can limit the freedom of choice for individuals as they grow older. Many times, the children involved in such marriages face challenges in their future relationships, as they may develop different aspirations and desires from those originally arranged by their parents.

What role do parents play in the marriages of children in Indonesian traditional societies?

In traditional Indonesian societies, especially concerning child marriages, parents play a central role in arranging marriages. These arrangements are often made for the benefit of the family, such as strengthening alliances or securing property, rather than for the personal desires of the children involved.

What is meant by 'perkawinan anak' and how is it viewed in different Indonesian cultures?

'Perkawinan anak' refers to child marriage, and in some Indonesian cultures, it was a means to strengthen family ties or fulfill social obligations. However, it is increasingly viewed as problematic, as it can lead to emotional and social challenges for the children involved, and modern laws have largely abolished this practice.