The Losing Power of Law in the Face of Tradition A Study of Siri Marriage in Madurese Society

Abstract

Law is an instrument of justice. When the law cannot provide justice and peace, people will adhere to traditions they believe to be right. The case of unofficial marriages between widowers and widows in the Madurese community in Kubu Raya Regency shows that the law becomes powerless when confronted with the living traditions within it. The approach used in this research is phenomenological. The reasons behind unofficial marriages are very complex and not as simple as a purely legal approach might suggest. These reasons include feeling ashamed because they are no longer young, low levels of education that leave them unaware of how to handle marriage administration, the background of the Madurese people who receive pesantren (Islamic boarding school) education and view pesantren teachings as the final authority in practicing Islamic law, marriages at a young age before becoming widowers and widows, and the hierarchical culture of respect towards Buppak-Bopphu, Guruh, and Rato that is prevalent in the Madurese community. In their view, building a household must meet the requirements and conditions of marriage, and there must be honesty, as honesty is the foundation of a household. The fruit of honesty is loyalty. Equally important in marriage is the presence of responsibility. Additionally, widowers and widows, when present in front of their partner's family, must know how to conduct themselves properly. Laws are not always binding and cannot always be rigidly applied within a community, especially when people hold firmly to traditions and culture they believe to be true.