Local Law Conflict with National Law in Marriage of Lombok
Journal Title: IOSR Journal of Humanities and Social Science - Year 2018, Vol 23, Issue 7
Abstract
This study describes the conflict of Local Law with National Law in the marriage of the Sasak tribe. Conflict is motivated by the difference of marriage age requirement according to Law of Marriage with the principle that applied in Sasak tribe. Similarly to the criminal provisions that can ensnare them as perpetrators of criminal acts because marriage is done by pulling the girl from the bonds of parents and their families. Based on these conditions, it is necessary to examine the gaps of convergence between the two legal systems in order to harmonize the law in society. This research uses social legal research method, and the result that the practice of pulling has caused latent conflict and manifest in some society, such as the existence of the event that ended in Court. In addition, the pull is also considered as a factor triggering the rampant early marriage that affects the high rate of divorce and maternal mortality, so the government takes an imperative attitude to minimize the impact of pulling with uniform age of marriage, including in customary territories whose condition is not quite in line with the argument.
Authors and Affiliations
Hilman Syahrial Haq, Khudzaifah Dimyati, Absori .
Keywords
Related Articles
- EP ID EP419544
- DOI 10.9790/0837-2307053035.
- Views 89
- Downloads 0
Age and Gender Differences in Face book Intensity and Self Esteem
Facebook have become increasingly popular and almost an integral part of everyday life. An excessive use of facebook leads to greater psychological distress and in turn reduces self esteem on one hand but can offer benef...
Understanding The Hadith Based On The Language Approach
Hadith is the second source of Islamic law after the Qur'an.The main purpose of the study of hadith is to assess whether from the historical aspect of a hadith it can be justified its validity, derived from the Prophet o...
Problems Faced by Today’s Christian Families among the Agĩkũyũ in Kĩambaa Sub-County, Kĩambu County-Kenya
The family, which is not confined to the father, mother and their children but also includes the whole descendants, clans and ethnic community, seems to be overwhelmed by all kinds of evils experienced in the contemporar...
Children's Accountability System Policy in the Framework of Legal Protection for Children Delinquency
The purpose of this paper is to provide an overview of the policy of the system of child criminal responsibility and its resolution mechanism through positive legal procedures to know and analyze the implementation of th...
Linkages between Punishment and Recidivism: Analysis of Factors Influencing Re-Convictions in Kenya
Recidivists Are Chronic, Multiple Or Prolific Offenders. They Continue To Commit Crimes In Spite Of Punishment. Recidivism Is A Universal Problem Which Has Continued Over The Years. This Study On The Link Between Initial...