ANALISIS PERGESERAN BUDAYA KAWIN TANGKAP TERHADAP PEREMPUAN DALAM PEMIKIRAN LEGAL FEMINIST DI KABUPATEN SUMBA TENGAH

Abstract

The captured marriage culture in Central Sumba Regency has experienced a shift in cultural values which has resulted in violence against women, thus triggering a debate between customary law and Indonesian positive law. This research aims to describe the essence of the culture of captive marriage towards women in Central Sumba Regency and its suitability with Positive Law as well as to elaborate on the shift in the culture of captured marriage towards women in Central Sumba Regency in Legal Feminist thinking. The research method used is empirical legal research which obtains data from primary data or data obtained directly from the community and library legal sources. The research results show that the practice of arrest marriage is no longer in line with the principles of the Indonesian State which ratified the Human Rights Law, because this practice indicates various oppressions against women specifically in the process of arrest and detention. Using feminist legal theory, from a legal text analysis approach, it was found that the weakness of customary law in Central Sumba is that it is patriarchal and communal in nature, while the legal text of the Sexual Violence Crime Law has weaknesses in the unavailability of implementing regulations and there is a legal vacuum in the regional government of Central Sumba Regency regarding arrest marriage. . In the legal application approach, cases of captured marriages are predominantly resolved according to custom, due to family relationships and the attachment of captured marriages to the culture of the Central Sumba traditional community. The novelty in this research is describing the cultural essence and reality of the shift in the culture of capture marriage in Central Sumba Regency, which is analyzed using a legal feminist theory approach to handling it. This research is only limited to the capture marriage culture that occurs in Central Sumba district using a feminist legal approach