PERANAN TUNGKU TIGO SAJARANGAN DALAM MENGATASI PERKAWINAN SESUKU MENURUT HUKUM ADAT DI NAGARI SUNGAI BULUAH KECAMATAN BATANG ANAI KABUPATEN PADANG PARIAMAN

Abstract

Minangkabau society is one of the largest ethnic in Indonesia that use the system matrilineal
kinship (matrilineal). Minangkabau society envisage at the matter of marriage as a very important event,
because marriage is the successor of the descent. Marriage in matrilineal society is exogamy, marriage
consists of the group is not justified because they all are descended from a group of blood-reltive. If the
prospective spouses to marriage is prohibited by customary law Minangkabau it will be sanctioned by the
traditional leader known as Tungku Tigo Sajarangan. The purpose of this thesis is; First, to find out the
role of traditional leaders in overcoming that tribal marriages under customary law in Nagari Sungai
Buluah Batang Anai District of Padang Pariaman; Second, to find out the marital dispute settlement
against tribesmen by Tungku Tigo Sajarangan in Nagari Sungai Buluah Batang Anai District of Padang
Pariaman.
This type of research is the type of juridical empirical research, can be a study of the identification
law (common law), in which this is done to determine the unwritten law based on the applicable law in
society, as well as research on the effectiveness of law that addresses how the law operates in society. This
research requires the researcher to know the science of law, social sciences and memeiliki knowledge in
social science research.
From the research, there are two main things that can be inferred. First, the role of traditional
leaders in overcoming that tribal marriages under customary law in Nagari Sungai Buluah Batang Anai
District of Padang Pariaman in this case are the responsible and obliged to preserve the members of the
tribes and their area. In a customary term, namely; Kusuik manyalasai, Karuah mampajaniah, Tumbuahnyo
ditanam, Tingginyo dianjuang, Gadangnyo diamba. Second, the marital dispute settlement against
tribesmen by Tungku Tigo Sajarangan in Nagari Sungai Buluah Batang Anai District of Padang Pariaman
carried out in the form of meetings attended by all Ninik Mamak, Alim Ulama and other indigenous leaders.
Executed with several stages of completion, namely the imposition of penalties, payment of the fine and an
apology. The sanction was fined one or two head of cattle such as cows, goats or buffalo, were expelled
from their homes and should no longer re-settled in villages as husband and wife. Performers that tribal
marriage may return home with a record already doing sanctions and received forgiveness from all
traditional and community leaders.