EKSISTENSI HUKUM ADAT DALAM PERNIKAHAN MASYARAKAT MINANGKABAU MELALUI ANALISIS YURIDIS-SOSIOLOGIS TERHADAP PENERAPAN PRINSIP MATRILINEAL DALAM SISTEM HUKUM NASIONAL

Abstract

Customary law is one of the sources of law that continues to live and develop within Indonesian society, including in the social structure of the Minangkabau community, which adheres to a matrilineal kinship system (a kinship system that traces lineage through the maternal line). This study aims to analyze the existence of customary law in Minangkabau marriage practices and its relation to the national legal system. The research method used is a juridical-sociological approach with data collection techniques through literature study and interviews with traditional leaders. The results of the study indicate that the customary law of Minangkabau marriage possesses normative strength as a social guideline governing inter-clan relationships through traditional ceremonies such as maminang, batimbang tando, and manjapuik marapulai. The values contained therein emphasize the principles of deliberation, balance, and respect for the maternal lineage. Although the state law has regulated marriage through Law Number 1 of 1974 concerning Marriage, the Minangkabau community continues to preserve customary elements as a form of legal and cultural identity. Thus, the customary law of Minangkabau marriage can be regarded as a living law (a law that lives within society), whose existence enriches the national legal system and reflects the legal pluralism in Indonesia.