Adat Kawin Tangkap In Indonesian Law Perspective

Abstract

The kawin tangkap tradition is a customary practice found among the Sumba ethnic community in Indonesia, involving the forcible capture of a woman to marry her, often conducted without her explicit consent. While the practice is considered a cultural ritual that strengthens social bonds and reflects ancestral heritage, it raises significant ethical and legal concerns. The tradition challenges modern legal frameworks, especially Indonesia's Marriage Law No. 1 of 1974, which mandates mutual consent in marriage. This study critically examines kawin tangkap within the context of Indonesia's dual legal system, encompassing customary law (hukum adat) and national law, and evaluates its implications on human rights and gender equality. The research highlights the tensions between cultural preservation and the enforcement of individual rights, proposing solutions to harmonize these conflicting values through legal reform, community engagement, and the protection of vulnerable individuals. This paper advocates for a balanced approach that respects cultural heritage while ensuring the dignity and autonomy of all citizens, particularly women.