PERKAWINAN ADAT MASYARAKAT LOMBOK (MERARIQ) PERSPEKTIF HUKUM PIDANA NASIONAL

Abstract

Introduction: Merariq is a marriage tradition of the Sasak indigenous community of Lombok, popularly equated with “elopement” (kawin lari), which still lives as living law. This practice is often regarded as conflicting with national criminal law, which prohibits the act of taking away a woman.

Purpose of the Research: This study analyses whether the practice of merariq can be qualified as the crime of abducting a woman or a child, and formulates the boundary between merariq and that crime from the perspective of national criminal law.

Methods of the Research: This is normative (doctrinal) legal research using statutory and conceptual approaches to the Criminal Code (Law No. 1 of 2023) and related regulations.

Results / Findings: Merariq with an adult woman based on mutual consent does not fulfil the element of mens rea, and therefore cannot be qualified as the crime of abducting a woman. Conversely, merariq involving a child is still qualified as the crime of abducting a child even with the child’s consent. The boundary between the two lies in purpose and means: merariq aims at a lawful marriage without coercion, whereas the crime of abducting a woman aims to control the woman through deceit, violence, or threats of violence.