PRAKTIK KAWIN TANGKAP DI SUMBA DIHUBUNGKAN DENGAN HUKUM POSITIF INDONESIA

Abstract

Marriage is a legal bond between a man and a woman for the long term, aiming to build a family by obeying the provisions legalized by the State. The Sumba tribe spread across four districts (East, Central, West and Southwest Sumba) in East Nusa Tenggara Province adheres to a patrilineal kinship structure and maintains various customs and ceremonies. One example is the custom of forced marriage or Piti Rambang, where one party forces the other to marry. It seems contrary to positive law that forced marriage, as defined in Sumbanese custom (Piti Rambang), is a crime against humanity, especially if it leads to acts of sexual abuse that deprive victims of their constitutional rights. The purpose of this study is to determine the practice of catch marriage in Sumba in relation to positive law in Indonesia. The research method used is normative legal research method The approach applied in this research is a conceptual approach. From the perspective of positive law in Indonesia, this practice violates the Marriage Law and human rights. This research uses normative research methods with a statutory approach. The results show that the practice of catch marriage in Sumba is contrary to positive law, because it does not comply with the rules in the Marriage Law, Human Rights Law, 1945 Constitution, Child Protection Law, and various other laws that protect women's rights.