The Effectiveness Of Baduy Ancestors In Marriage And Divorce Customs In Banten

Abstract

Marriage culture is the desire of each sex to create a sakinah family, realize mawaddah, and grace from the Almighty and is recognized by the surrounding community as a legally valid married couple and customary traditions (customs), simple living and independent living have become an agreement. together because its simplicity has become a shortcut in his life in facing reality.

In the customary rules it is explained that if a Baduy citizen marries a non-Baduy citizen, then he is automatically no longer recognized as a Baduy citizen and his Baduy identity is revoked. against the Non-Baduy community has a characteristic and is considered to be very attractive to the public, namely when a divorce occurs between the Baduy and Non-Baduy people while outside the Baduy area, it will be difficult to be accepted again by the entire Baduy community who are still in the Baduy area itself. except for following the Baduy customary rules which requires a very long time and process.

Based on the research background above, the identification in this study is as follows: 1). What are the factors that influence the Baduy community to be willing to marry non-Baduy without considering the legal consequences if there is a separation between them? 2). What are the legal steps in addressing the obstacles for the Baduy community as an internal factor in cases of marriage and divorce between Baduy and Non-Baduy?

In accordance with the background and identification of the problem, the objectives of this study are: 1). To find and analyze the factors that influence the Baduy people are willing to marry non-Baduy without considering the legal consequences if there is a separation between them. 2). To find and analyze legal steps in addressing the obstacles for the Baduy community as an internal factor in cases of marriage and divorce between Baduy and Non-Baduy.

The results of the research are that until now the Baduy people do not have written official regulations regarding issues in the field of marriage and divorce law, only unwritten law in the form of customary law which is passed down from generation to generation, although currently Baduy people still adhere to their ancestral customs and almost all problems can be solved, therefore in order to maintain the authenticity of Baduy customary law, it is necessary to establish a Regional Regulation which covers all the actions of the Baduy community, one of which is regarding marriage law which is adapted to Baduy customary law and the Compilation of Islamic Law for the Baduy community who are Muslim.