The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia

Research Article

Harmonization of Baja Upik Marriage with Indonesian Law System Based on Pancasila

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  • @INPROCEEDINGS{10.4108/eai.10-9-2019.2289441,
        author={Yenny  Febrianty},
        title={Harmonization of Baja Upik Marriage with Indonesian Law System Based on Pancasila},
        proceedings={The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICIDS},
        year={2019},
        month={11},
        keywords={baja upik marriage state law indigenous law pancasila legal pluralism},
        doi={10.4108/eai.10-9-2019.2289441}
    }
    
  • Yenny Febrianty
    Year: 2019
    Harmonization of Baja Upik Marriage with Indonesian Law System Based on Pancasila
    ICIDS
    EAI
    DOI: 10.4108/eai.10-9-2019.2289441
Yenny Febrianty1,*
  • 1: Diponegoro University, Jl.Prof. H. Soedarto, S.H. Tembalang, Tembalang, Kota Semarang, Jawa Tengah, 50275, Indonesia
*Contact email: yennyfebrianty74@yahoo.com

Abstract

Harmonization of the Bajapuik local marriage rules in Padang Pariaman District area, which is inseparable from the implementation of rules in Indonesia Law system about Marriage. The terms and conditions about marriage in a universal way from Pluralism which governs the marriage method in Indonesia apply along with the released of Marriage Law No.1 Year 1974. Based on the above statement, the authors will examine and analyze the identification of problems, such as the existence of marriage "Bajapuik" today, the method's influence in social life in Padang Pariaman District community, and harmonization of local marriage Bajapuik rules in Padang Pariaman District with Indonesian law system based on Pancasila. Pancasila also became the foundation of law culture of the Indonesian nation. The law must be based on Pancasila; law products may change based on the development of society and time. Pancasila should be the framework of thinking/ idea. Pancasila can guide national law culture in various fields. Meanwhile, the existence of Bajapuik marriage today is still maintained and run as a customary marriage ritual in the area of Padang Pariaman District, although it gives negative and positive impacts in the community of Padang Pariaman District.