Perkawinan Menurut Hukum Adat Lio Dan Larangan Perkawinan Sedarah (Incest) di Tinjau dari UU no. 16 tahun 2019 Tentang Perkawinan Perubahan Atas UU No. 1 Tahun 1974 Kecamatan Wolojita Kabupaten Ende

  • Hendrikus Haipon Universitas Flores
  • Maria Yasinta Due SMA Negeri 2 Kota Kupang
Keywords: Prohibition, Legal Marriage, Lio Customs

Abstract

Customary law is generally unwritten or unwritten, customs or habits that develop in the community then become a law that must be fulfilled by all members of the community, therefore seen from the eyes of a customary law expert it is indeed irregular, imperfect and not firm. However, when viewed from the eyes of indigenous peoples, customary law is perfect and very firm because customary law is also equipped with customary sanctions for violators. The purpose of marriage according to customary law in general is to preserve the survival and continuity of different communities, so the emphasis on the purpose of marriage is adjusted to the family system. Marriage according to Lio customs, the law of the republic of Indonesia number 16 of 2019 concerning marriage, changes to the law of the republic of Indonesia number 1 of 1974 concerning marriage and the book of civil law laws concerning the prohibition of incestuous marriages are still valid in Nggela Village, Wolojita District Ende District. Marriage according to Lio custom, namely ana eda marriage, is still carried out because the indigenous people do not know of any rules that prohibit marriage between the siblings. Customary law does not prohibit ana eda marriages. Thus, sanctions have never been imposed on couples who have an ana eda marriage, either sanctions by the government or sanctions by local traditional institutions. The impacts of the occurrence of Lio traditional marriages in incest by the community in Nggela Village, Wolojita District that from an economic point of view, dowry or belis are not transferred to other parties, the social impact is that kinship relationships are getting stronger and mutual respect for one another is very high. when there is a marriage of one culture and one region

Published
2022-12-31