Customary Law “Merariq” Marriage in the Sasak Ethnic Society in Lombok Eastern Indonesia

DOI

10.2991/978-2-38476-180-7_151How to use a DOI?

Keywords

Customary Law; Merariq; Social Action; Sasak Ethnic

Abstract

Marriage is commonplace between men and women on the basis of consensual and then mutual betrothed. Areca nut culture in Indonesia varies, generally applications are made by parties male families. However, it is different from the Sasak ethnic group kidnapping women at night without informing their parents (Merariq). Based on the positive law it is not justified, but customary law allows it. This study analyzes the customary law “merariq” which is still being implemented by the Sasak ethnic community in Lombok, Indonesia. Sasak ethnic community as a unit of analysis in qualitative research with a case study approach. After processing the data obtained from the field findings through observation, in-depth interviews, and documentation, they were analyzed using Max Weber’s social action theory. The results of the study show that there are two models of the Merariq tradition based on customary law, first traditional and affective actions that this tradition is carried out from generation to generation and based on the emotional ties of the Sasak ethnic community which are still strong in implementing customary law. Second, instrumental rationality and values for the Sasak ethnic community carrying out the Merariq tradition practically in accordance with customary law by following the times based on values and norms in “Merariq” customary law. The social actions of the Sasak ethnic community in carrying out the Merariq tradition are spontaneous, hereditary, and keep up with the times and do not depart from the values and norms of Merariq customary law.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Suparman Jayadi
AU  - Abdul Rasyid Ridho
AU  - Ratih Rahmawati
PY  - 2023
DA  - 2023/12/31
TI  - Customary Law “Merariq” Marriage in the Sasak Ethnic Society in Lombok Eastern Indonesia
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 1480
EP  - 1486
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_151
DO  - 10.2991/978-2-38476-180-7_151
ID  - Jayadi2023
ER  -