Akibat Hukum Dari Perkawinan Semarga Pada Masyarakat Adat Batak Karo Dalam Marga Karo-Karo Ras Anak Beruna

Br Barus, Dwi Rehbina (2026) Akibat Hukum Dari Perkawinan Semarga Pada Masyarakat Adat Batak Karo Dalam Marga Karo-Karo Ras Anak Beruna. Undergraduate thesis, UPN VETERAN JAWA TIMUR.

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Abstract

This study, entitled “Legal Consequences of Same-Clan Marriage in the Batak Karo Indigenous Community within the Karo-karo Clan and Anak Beruna Relationship”, aims to analyze the regulation of marriage in the Batak Karo indigenous community from the perspective of Indonesian positive law and to examine the legal consequences of same-clan marriage among the Batak Karo people, particularly within the Karo-karo clan. Marriage in the Batak Karo indigenous community is regarded as a sacred event because it not only unites a man and a woman, but also brings together two extended families within the customary kinship system. Within the Karo-karo clan, same-clan marriage is considered a violation of customary law because individuals belonging to the same clan are deemed to have a kinship relationship. From the perspective of Indonesian positive law, Law Number 1 of 1974 concerning Marriage does not explicitly regulate the prohibition of same-clan marriage. Such a marriage is not automatically considered invalid under state law as long as it does not violate the marriage prohibitions stipulated in Article 8, is conducted in accordance with religious law, and is duly registered in compliance with applicable laws and regulations. The results of this study indicate that same-clan marriage within the Batak Karo indigenous community, particularly in the Karo-karo clan, gives rise to customary legal consequences, including the non-recognition of the marriage under customary law, social exclusion from the community, the loss of customary rights and obligations, and the inability to participate in customary ceremonial activities. Therefore, same-clan marriage creates a duality of legitimacy, whereby the marriage may be legally valid under state law but remains unrecognized under Batak Karo customary law.

Item Type:

Thesis (Undergraduate)

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