Legal Consequences of Violations

Oct 13, 2025 by talynt.org 101 views

Introduction

The Mandailing people have a rich cultural heritage, with a patrilineal kinship system that identifies them through their clan, which is the name of the group originating from the father's lineage. In the implementation of customary law, they refer to the structure of the legal system known as Dalihan Na Tolu. The Mandailing community also adheres to the Exogamy Marriage System, which means marrying people outside the clan. Therefore, the marriage of semarga, or marriage in one clan, is prohibited based on customs. However, lately, this prohibition has changed due to the influence of Islamic law.

Background of the Study

This study aims to explore more deeply about Mandailing customary provisions related to Semarga Marriage, as well as the implementation and legal impact of violations of the prohibition in Manegen Village, Padangsidimpuan Southeast. The study uses an empirical juridical legal approach and analytical descriptive methods to analyze the data. The data used consists of primary and secondary data, which is obtained through literature studies and interviews.

Methodology

The study involved 20 samples of the 1,120 population in the village. The data collection methods used were literature studies and interviews. The literature studies involved analyzing existing research and documents related to Mandailing customary law and Semarga Marriage. The interviews were conducted with key informants, including village leaders, customary law experts, and community members.

Results

The results showed that although Semarga marriages were still prohibited by customs, this practice still occurred in the Mandailing community in Manegen Village. The implementation of marriages generally follows the procedure of Mandailing customary marriages in general, only there are differences at the Manulak Sere stage involving customary trials. This shows that even though there is a prohibition, the implementation of customs is sometimes not fully consistent with the applicable principles.

Legal Consequences of Violations

The legal consequences of violations of the marriage prohibition of semarga are quite serious in the customary context. Traditionally, this violation can cause customary sanctions such as being sacrificed by mangolu (punished by custom), ostracized, or expelled from the village, as well as losing status in indigenous peoples. However, along with the times, the sanctions began to be considered irrelevant, and now violators are only required to pay a fine of around five hundred thousand rupiah. In addition, women who are married to semarga men must replace their siblings by adopting clans from the husband's mother, through a predetermined customary process.

Impact on Individuals and Society

Semarga marriage not only has an impact on individuals who violate, but also affect marital relations in the context of kinship, social status of couples in society, as well as the position of children born from the marriage of semarga. Thus, even though the practice of marriage is increasingly general, there are still legal consequences that need to be considered by the Mandailing community.

Conclusion

Through a deep understanding of this dynamics, we can see how customary law continues to function despite the influence of modernization and changes in social values. This gives a clear picture of the importance of respecting tradition while understanding the context of change that occurs in society.

Recommendations

Based on the findings of this study, the following recommendations are made:

The Mandailing community should continue to respect and uphold their customary law, including the prohibition on Semarga Marriage.
The community should also be aware of the legal consequences of violating this prohibition, including the payment of fines and the potential loss of status in indigenous peoples.
The government and other stakeholders should work together to promote and protect the rights of indigenous peoples, including their right to maintain their customary law and traditions.
Further research should be conducted to explore the impact of modernization and changes in social values on the Mandailing community and their customary law.

Limitations of the Study

This study has several limitations, including:

The study only involved 20 samples of the 1,120 population in the village, which may not be representative of the entire community.
The study only analyzed the data from one village, which may not be generalizable to other villages or communities.
The study did not explore the impact of Semarga Marriage on the children born from these marriages.

Future Research Directions

Future research should be conducted to explore the following topics:

The impact of modernization and changes in social values on the Mandailing community and their customary law.
The impact of Semarga Marriage on the children born from these marriages.
The effectiveness of the customary sanctions and fines in preventing violations of the prohibition on Semarga Marriage.

Conclusion

In conclusion, this study has provided a deeper understanding of the Mandailing customary provisions related to Semarga Marriage, as well as the implementation and legal impact of violations of the prohibition in Manegen Village, Padangsidimpuan Southeast. The study has also highlighted the importance of respecting tradition while understanding the context of change that occurs in society.

Q: What is Semarga Marriage?

A: Semarga Marriage is a type of marriage that occurs within the same clan, which is prohibited based on Mandailing customary law.

Q: Why is Semarga Marriage prohibited?

A: Semarga Marriage is prohibited because it goes against the Exogamy Marriage System, which requires marrying people outside the clan.

Q: What are the legal consequences of violating the prohibition on Semarga Marriage?

A: Traditionally, violating the prohibition on Semarga Marriage can cause customary sanctions such as being sacrificed by mangolu (punished by custom), ostracized, or expelled from the village, as well as losing status in indigenous peoples. However, along with the times, the sanctions began to be considered irrelevant, and now violators are only required to pay a fine of around five hundred thousand rupiah.

Q: What happens to women who are married to semarga men?

A: Women who are married to semarga men must replace their siblings by adopting clans from the husband's mother, through a predetermined customary process.

Q: How does Semarga Marriage affect marital relations in the context of kinship?

A: Semarga Marriage can affect marital relations in the context of kinship, as it can lead to conflicts and tensions within the family and community.

Q: What is the impact of Semarga Marriage on the social status of couples in society?

A: Semarga Marriage can affect the social status of couples in society, as it can lead to a loss of status in indigenous peoples and a decrease in social standing.

Q: What is the position of children born from the marriage of semarga?

A: The position of children born from the marriage of semarga is not clearly defined in Mandailing customary law, and further research is needed to explore this topic.

Q: How does the government and other stakeholders promote and protect the rights of indigenous peoples, including their right to maintain their customary law and traditions?

A: The government and other stakeholders should work together to promote and protect the rights of indigenous peoples, including their right to maintain their customary law and traditions.

Q: What are the limitations of this study?

A: This study has several limitations, including the small sample size, the limited scope of the study, and the lack of exploration of the impact of Semarga Marriage on the children born from these marriages.

Q: What are the future research directions?

A: Future research should be conducted to explore the impact of modernization and changes in social values on the Mandailing community and their customary law, the impact of Semarga Marriage on the children born from these marriages, and the effectiveness of the customary sanctions and fines in preventing violations of the prohibition on Semarga Marriage.

Q: What is the importance of respecting tradition while understanding the context of change that occurs in society?

A: Respecting tradition while understanding the context of change that occurs in society is important because it allows for the preservation of cultural heritage and the adaptation to changing social values.

Q: What are the recommendations for the Mandailing community?

A: The Mandailing community should continue to respect and uphold their customary law, including the prohibition on Semarga Marriage, and be aware of the legal consequences of violating this prohibition.

Q: What are the recommendations for the government and other stakeholders?

A: The government and other stakeholders should work together to promote and protect the rights of indigenous peoples, including their right to maintain their customary law and traditions.