Identification and Evaluation of Indigenous Marriage Factors

without Official Registration with Sociological Laws

Rosdiana Tarigan, Runtung S., Budiman G. and Rosnidar S.

Faculty of Law, Universitas Sumatera Utara, Jl. Universitas Number 4 USU Campus, Medan 20155, Indonesia

Keywords: Indigenous Marriage, Official Registration, Sociological Laws.

Abstract: Marriages in the Karo area are generally still carried out only in traditional ways without official registration.

This method is completely inconsistent with Law Number 1 of 1974 concerning Marriage in Indonesia. To

identify and evaluate these problem factors, the research was conducted using juridical empirical methods or

sociological law. The results of the research on this problem found several factors related to the cause of the

Karo traditional marriage which were not recorded in the government in the form of economic factors,

education, and pregnancy outside of marriage. Karo traditional marriages that are not officially registered

according to Law Number 1 of 1974 concerning the status and position of the wife and husband as well as the

status and position of the child are considered invalid and never exist. The Karo indigenous people must marry

according to the applicable rules so as not to cause problems in the future.

1 INTRODUCTION

The provisions of Article 28 B paragraph (1) of the

1945 Constitution state that every individual has the

right to build a family and offspring through a legal

marriage. Every human being must have their own

choices in fulfilling their welfare, including the

choice of how to marry to build a family. Humans are

social creatures which by their nature in a certain

period of time will need lasting relationships with

other humans of the opposite sex, hereinafter known

as marriage.

Cultural values that characterize people's lives are

usually contained in literature, oral and culatural

sources. One of the culture that still preserved in

indigenous community is the marriage process.

Marriage is not only about women and men

relationship but also the matters of relatives, family,

relationships, dignity and personal affairs depending

on the concerned society structure. Marriage is first

stage of the long life cycle of human (Fahmi, 2019).

The eternal relationship will be forged together

through the bond of marriage. The foundation of

marriage is formed by the natural elements of human

life itself which include love and brotherhood, raising

children to become perfect members of society

(volwaardig) (Triwulan & Trianto, 2007). Apart from

religious rules, the area of marriage is also regulated

by tradition. Even more extreme, marriage also

involves transactions in which highly educated

people trade status for the ethnic advantage of an

uneducated original spouse (Potarca & Bernardi,

2017). The level of education affects the way a person

mind set. A women with low education and poor

families have a greater chance of getting married

earlier (early marriage) (Ardi & Maizura, 2019).

Marriage at a young age is one of the problems that is

not only related to marriage law but also issues of

child protection and human rights (Muntamah,

Latifiani, & Arifin, 2019).

Humans are God's creatures who have various

needs in life. Every human being certainly wants to

fulfill his needs appropriately to be able to live as a

perfect human being, both individually and as part of

society. Maslow said that humans will always be

motivated to meet their needs with a variety of levels

(hierarchy) (Maslow, 1970).

Indonesia is a unitary state consisting of various

tribes and cultures. Some of the Indonesian ethnic

groups in the northern part of the island of Sumatra

are the Karo Tribe. The Karo tribe is one of the ethnic

groups in North Sumatra who inhabit the Karo

highlands, Deli Serdang, Tanah Deli (Medan), Binjai,

Langkat, and Dairi. The Karo tribe is spread in

various regions in Indonesia with various professions.

The name of this tribe is used as one of the names of

the regency in one of the areas where it lives (Karo

Highlands), namely Tanah Karo. Like the tribes in

North Sumatra, the Karo tribe has a patrilineal kinship

508

Tarigan, R., S., R., G., B. and S., R.

Identiﬁcation and Evaluation of Indigenous Marriage Factors without Ofﬁcial Registration with Sociological Laws.

DOI: 10.5220/0010330400003051

In Proceedings of the International Conference on Culture Heritage, Education, Sustainable Tourism, and Innovation Technologies (CESIT 2020), pages 508-514

ISBN: 978-989-758-501-2

system in which boys will inherit the clan from their

children (Bangun, 1986).

Marriage in the Karo indigenous community is

called nereh empo or erjabu. The bride is called sereh

from the word si reh which means coming from her

family to the place of the person who is her husband

(empo). For the groom it is called empo from the

word empuna which means owner (master). The

traditional ceremony was attended by the bride and

groom and their relatives with the status of Anakberu,

Senina, and Kalimbubu (Rakut Sitelu). Traditional

ceremonies at mama belo selambar usually begin with

a meal together then supplemented with runggu

(family meeting), to determine the course of the party

on the day of the wedding (Nuraeny & Kuswandi,

2019).

Unregistered traditional marriages have been

carried out from generation to generation by some of

Karo indigenous communities. According to Karo

traditional culture, this marriage is considered valid

since it is a legacy from their ancestors that must be

upheld and preserved. Marriage shows a high

conformity with cultural values and kinship systems.

The decision to choose a mate and get married is

based the values set by the community rather than

personal wants and needs (Puspitasari, Nurhaeni, &

Muktiyo, 2019). The reasons for unregistered of Karo

traditional marriages are economic, educational, and

extramarital pregnancy factors. Social inequality and

unemployment also greatly affect a marriage without

thinking about the outcome of the marriage. (Laura

Stark 2018).

According to the traditions of the ancient people,

the wedding ceremony was carried out in

cooperation. As the time changes, the marriage

contract changed from simple to consumerism. The

principle of consumerism that occurs in Karo

customary culture, assumes that marriage is valid if

both parties agree to carry out the marriage process

according to custom and without a marriage

certificate. However, this is against the law of

marriage and has legal consequences for both the

marital status and the status of children. A series of

marriages will cause problems and marriages will

cause juridical problems (Erwinsyahbana, 2018).

Marriage is the strongest relationship in terms of

controlling human behavior. There are various

reasons why men and women want to get married,

such as religious, economic, social, cultural, and even

political factors. In this case, cultural factors have

special characteristics since it was believed to be a

product of creativity, feelings, and human intentions

that are carried from birth and are passed down from

generation to generation. (Dewi, et al., 2019).

Patterns, attitudes and material consumer behavior

are influenced by the globalization of lifestyle,

popular culture, and a lack of understanding of the

meaning of traditional wedding ceremonies (Siregar,

2019). Marriage is recorded as an effort to guarantee

legal protection in marriage.

In cases of domestic problems and divorce, each

party can get protection of their rights. A marriage

certificate will assist husband and wife in carrying out

other needs related to the law, both for the needs of

husbands, wives, and children born in marriage.

Another case with marriage cancellations. The legal

consequences of a marriage cancellation have a good

impact on children from the cancellation of the

marriage. This has a legal consequence that children

born from aborted marriages are still legitimate

children who have civil rights (Herlina, Asikin, &

Husni, 2019).

2 METHOD

The type of research used is juridical empirical, which

is research by looking at the legal realities that exist

in society, is used to see the legal aspects of social

interaction in society, and serves as a support to

identify and clarify the findings of non-legal material

(Ali, 2011).

This research is included in sociological or

juridical empirical legal research, where it will be

known the form of legal arrangements regarding

marriages carried out according to Karo customs

which are not recorded in Juhar Village, Karo

Regency. The empirical juridical approach is a

procedure used to solve research problems by

examining secondary data first and then continuing

with research on primary data in society.

Sociological research is used to collect data and

information through realm studies by observation,

interviews with the Karo indigenous people regarding

traditional marriages that are not recorded in Law

Number 1 of 1974 concerning Marriage. Interviews

were conducted with several traditional leaders such

as A. Tarigan (67 years) and S. Pinem (65 years).

Both were appointed as traditional leaders to continue

the position of their parents as traditional leaders.

Interviews were also conducted with several couples

who had married in Karo adat and were not recorded.

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509

3 RESULTS AND DISCUSSIONS

3.1 Definition and Marriage System in

Traditional Culture

Marriage, which is known in generally culture, is a

way of life that is developed and followed by a group

of people who have been passed down from

generation to generation. Cultural values that

characterize people's lives are usually contained in

literature, oral and mobile (community characters).

One of the cultures that is still preserved in

indigenous community is marriage. Marriage for

indigenous community like Karo was not just

marrying off the bride and groom, but has a deeper

social meaning, namely marrying into a large family

of both parties. Kinship ties develop from small

families to large families (Tarigan, 2019). Marriage

according to Karo culture was a physical and spiritual

bond between men and women, including the whole

family and ancestral spirits (Prinst, 1996). A marriage

in Karo society has a broad meaning and one of the

goals was to strengthen brotherhood. Furthermore,

marriage aims to continue the male generation or clan

descent because only men can continue the clan.

Karo traditional marriages adhere to a patrilineal

marriage kinship system known as the honest giving

of money. The honest marriage is a form of marriage

that is carried out by handing over a number of

magical objects or an amount of money from the male

family to the woman's family which is referred to as

replacement money or buyer (tukur) for the woman's

transfer. The male clan should maintains a magical

balance in the female family. The Tukur or dowry

was also known as gantang Tumba or Perunjuk

(dowry). Initially, the dowry was in the form of

heirloom belonging to the male family that was given

to women, but over time (because heirlooms became

increasingly difficult to find) the form has changed

with money (Runtung, 1998).

3.2 Systems and Forms of Marriage in

Traditonal Culture

The Karo traditional marriage system is exogamous

in that a person must marry someone other than their

clan. A person is required to marry someone outside

his family's tribe (outside Klein). In the course of

time, the exogamy system experienced a softening

process where the prohibition of marriage was only

applied to very small families. Thus, the system in

this kind of area will change to approach the

Eleutherogamie system in the future (Peranginangin,

1978). In the marriage process implementation of

Karo culture were divided into several parts and

stages as follows (Asmin, 1986): (i) honest siri

marriage, by mean of the man pays a dowry of money

to the woman before being transferred to her

husband's clan; (ii) Children who become their

descendants belong to the clan of the father; (ii) The

husband dominates in the brayat family (one family

house); (iv) It is known that there are leviraat

marriages (friends who move to a medun bed, namely

a widow who is married to her deceased husband's

brother) and surorat marriages (wulu marriage, which

is a widower married to his deceased wife's sister);

and (v) In essence, the wife has no right to own

marital assets.

3.3 Factors Causing an Unrecorded

Marriage

Marriage is the strongest relationship in terms of

controlling human behavior. There were various

reasons why men and women want to get married,

such as religious, economic, social, cultural and even

political factors. Cultural factors have special

characteristics because they are products of creativity,

feelings and human intentions that are carried from

birth which are passed down from generation to

generation.

Marriage in its provisions must be recorded as in

the provisions of Law Number 1 of 1974 concerning

Marriage. If a marriage is not recorded or registered,

then basically the marriage is declared invalid

according to the applicable law. As stated in Article 2

paragraph (2) of Law Number 1 of 1974 concerning

Marriage, every marriage is recorded by the

prevailing laws and regulations. Some of the factors

that cause the unregistered mariage in the Karo

indigenous community are economic, educational,

and extramarital pregnancy factors.

3.3.1 Economi Factor

Economic limitations greatly affect the values and

culture of a person's life. Economic deficiencies can

result in a person's behavior beyond logic. The

inability of a girl to earn a living and the very high

level of dependence on men to support herself greatly

affect the acceleration of marriage for women (Stark,

2018). Economic factors were an unrecorded problem

related to Karo traditional marriages. Parents who

marry off their children have the principle that

traditional Karo marriages can reduce family costs

and burdens.

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3.3.2 Education Factor

Involves a transaction whereby a highly educated

person trades status for the ethnic benefit of his

uneducated partner (Potarca & Bernardi, 2017). The

level of education affects the way a person thinks.

Women with low education and from underprivileged

families have a greater chance of getting married at a

young age (Ardi & Maizura, 2019). Marriage at a

young age was one of the problems that is not only

related to marriage law but also issues of child

protection and human rights (Muntamah, Latifiani, &

Arifin, 2019). The educational factor and the lack of

knowledge of the Karo indigenous people about the

legality of marriage were one of the reasons for

marriage only in customary ways without official

registration.

3.3.3 Unmerried Pregnancy Factor

Regarding the incidence of pregnancy before

marriage, the community tends to be positive, they

don't want it, but they tend to cover up the behavior

of underage marriages due to free sex and pregnancy

before marriage. Most people already understand the

impact of household poverty due to underage

marriage, but people tend to ignore it and do not

consider it a problem (Aisyah, 2018). The occurrence

of pregnancies before marriage has resulted in the

occurrence of many unregistered marriages, which

aim to eliminate traces of family shame. By only

carrying out traditional marriages, women can enter

the male family (become part of the male family).

3.4 Marriage According to Law No.1 of

1974

The provisions in Article 1 of Law Number 1 Year

1974 concerning Marriage state that marriage is a

physical and spiritual bond between a man and a

woman (husband and wife to form a happy and lasting

family or household based on God Almighty). A legal

marriage will give birth to a strong bond between a

man and a woman as husband and wife. The formed

bond is a real formal relationship for the community

which binds itself and other people or the community.

Based on this definition, there are three elements in

marriage, namely (Saleh, 1976): The physical and

mental bonds between men and women, as husband

and wife, form a happy and lasting family

(household).

The provisions of Article 2 paragraph (2) of Law

Number 1 Year 1974 concerning Marriage state that

every marriage must be recorded according to the

prevailing laws and regulations. In the general

explanation, it is stated that marriage registration is

the same as important events in a person's life such as

birth and death which are stated in an official

certificate which is also included in the registration

list. The registration does not determine the validity

of the marriage but states that the event did exist and

occurred so that it is purely administrative in nature

(Prawirohamidjojo, 1986).

Basically the couple have already knows the need

to register a marriage, but does not register for various

reasons. Do not have a marriage book even though

they have been married for a long time. To achieve

this goal, it is necessary to carry out 2 (two) stages of

activities, namely (1) legal counseling with the theme

of introduction, use and benefits of marriage

registration as well as legal consequences for not

recording marriage and (2) assistance in making

marriage books (Sembiring, Chairi, & Aflah, 2018).

Marriage must be registered to ensure legal

protection in a marriage such as when facing family

problems and divorce, so that each party will get

protection of their rights. A marriage certificate will

assist husband and wife in carrying out other needs

related to the law, both for the needs of husband, wife,

and children born from marriage. Another case with

the cancellation of marriage where the legal

consequences will have a direct impact on the

children. This has a legal consequence that children

born from aborted marriages are still legitimate

children who have civil rights.

According to R. Wantjik Saleh, in the application

for marriage registration it was agreed that the

marriage registrar is intended to make a clear

marriage report to all parties in the form of an official

document. These documents can be used to prevent

certain people from taking unwanted actions. There

are several comparisons of the marriage system in

Indonesia with the marriage system in England,

namely regarding the formality of marriage.

In Indonesia: (i) Marriage notification is made

within 10 working days before the marriage takes

place by the prospective bride orally or in writing

(Articles 3 and 4 of Government Regulation Number

9 of 1975); (ii) Announcement of marriage by posting

it in the space provided at the Marriage Registry

Office. The purpose of this announcement is to ask

who has an interest in preventing the intention to

marry (if any laws are violated or for some reason).

The announcement is made after the Recruitment

Officer records the implementation requirements and

documents required to get the approval of the bride

and groom.

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511

In United Kingdom (UK): Marriage can be done

through a church that has a marriage certificate. For

marriages conducted through the church, a marriage

certificate is issued by the church. Meanwhile,

marriages conducted at the Civil Registry Office or in

other places that have received permission from the

local government will issue a marriage certificate

from the Civil Registry Office. For marriages through

the registry office, the announcement must be posted

for fifteen days at the registry office.

The difference in the informality of marriage

between Indonesia and UK according to British law

is that marriage can only be carried out in churches

that have a marriage certificate so that a marriage

certificate will be issued or as proof of marriage

registration. Whereas in Indonesia, marriages must be

carried out based on religion and the prevailing laws

and regulations (marriage registration). Meanwhile,

the similarity of the marriage formalities between

Indonesia and the UK is that both of them must carry

out a process of announcing that the marriage will be

carried out by the prospective couple who will marry.

3.5 Factors Causing an Unrecorded

Marriage

According to R. Wantjik Saleh, marriage registration

aims to clarify the marriage contract, both for the

person concerned and for others (because it can be

read in an official letter). Marriage shows a high

conformity with cultural values and kinship systems.

In married life, satisfaction can be a goal for couples.

Many factors contribute to achieving marital

satisfaction and failure to fulfill it will lead to

dissatisfaction and may end in unhappiness

(Bashirun, Badrolhisam, Zolkapli, Johari, &

Samudin, 2018).

Marriages that are not recorded will cancel the

status and position of husband and wife. This is

related to the failure of a marriage which results in

state demands for rights during marriage (inheritance

and fulfillment of children's needs) because the

marriage is deemed not fulfilling the requirements

and provisions of the Marriage Law. The status and

position of marriages conducted according to Karo

custom which are not recorded are invalid and the

marriage is considered never to have existed. Article

2 of Law Number 1 Year 1974 states that every

marriage must be recorded by the prevailing laws and

regulations.

Marriage is a rule to legalize the relationship

between the sexes to become husband and wife.

Sociologically, some marriages have been carried out

based on religious law but are not registered by the

state and even give birth to children (Sendy &

Tarigan, 2020). The Constitutional Court ruled that

children born from Siri's marriage have a civil

relationship with their biological father as long as it

can be proven based on science and technology or

other legal evidence that can prove blood relations as

a father (Bakti, Achmad, & Rivai, 2019). The

provisions of article 2 provide the understanding that

Siri's marital status will bring legal consequences for

a child born from that marriage to be declared invalid

and considered never to exist. The provisions of the

marriage law also state that: (i) A legal child is a child

born from or as a result of a legal marriage; (ii)

Children which born before married only have civil

relations with their mothers and relatives. Thus,

children which born from marriages according to

Karo customs who are not recorded have a legal

impact that is detrimental to the development of the

child's life. In this case, the position of the child is

only recognized by custom but not recognized by the

state.

4 CONCLUSIONS AND

RECOMMENDATIONS

4.1 Conclusion

The results showed that some Karo indigenous people

still practice marriage only by custom and not

registered. The contributing factors are economy,

education, and pregnancy before marriage.

Unregistered marital status and status are deemed to

have never existed (illegitimate) as regulated in

Article 2 paragraph 2 of Law no. No. No.1 1974

(which states that every marriage must be carried out

according to the provisions of the applicable law). By

law, the marital status, the position of husband and

wife, and the children status are considered invalid

and the marriage is considered non-existent. If the

marriage is not supported by an authentic deed as

valid evidence, then the status and position of the

marriage does not have legal protection and certainty,

and the civil rights related to the marriage are

disturbed.

4.2 Recommendations

Based on the conducted research results, the

suggestions are as follows: (i) Every marriage by

Karo indigenous community must be reistered in

accordance with the provisions of Law Number 1 of

1974 concerning Marriage. This is very necessary to

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avoid the futurerisk where the marriage is considered

invalid and is never considered to be implemented;

(ii) The government needs to conduct public

socialization regarding marriage registration to

increase understanding, benefit, and impact of the

marriage registration. Socialization can be carried out

through village officials and other related parties with

the theme of introduction, use, and benefits of

marriage registration.

ACKNOWLEDGEMENTS

Our advisor and student of the doctoral program of

law in Universitas Sumatera Utara have supported us

in our research.

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