MORUMBANDOLE DALAM HUKUM ADAT TOLAKI MERUPAKAN SALAH SATU CARA PENYELESAIAN PERKAWINAN (Suatu Studi di Kecamatan Sampara)

Abstract

This study aims: 1) To find out and understand Morumbandole as a way of resolving Tolaki tribal marriages that does not deviate from the provisions of Law No. 1 of 1974. 2) To find out and understand the factors that cause the occurrence of Morumbandole marriage settlements in the Tolaki tribe. This study was conducted in Sampara District, Konawe Regency. The location of this study was chosen because the Tolaki tribe, who mostly live in Sampara District, often carry out morumbandole marriages as one way of resolving marriages. In analyzing the data collected through this study, the author used a descriptive qualitative technique, where the data was presented by explaining and describing a situation that was currently underway based on the results of observations in the morumbandole marriage procession. The results of this study indicate that: 1) The occurrence of morumbandole marriages as one of the marriage settlements aims to shorten the time of the implementation of marriage according to Tolaki customs, starting from the proposal process, to the marriage procession carried out simultaneously. In a short time starting from the proposal process to the time of handing over the Dowry and other customary requirements, including the pronunciation of Ijab Kabul or marriage contract. The entire morumbandole series is carried out automatically without any customary or ideal procedures by Tolea Pabitara (customary spokesperson) who functions as a mediator, communicator and as a customary apparatus that resolves marriage problems. 2) The factors that cause morumbandole marriages are because of the reason for running away together, namely a man who runs away with a girl to avoid adultery, so the family marries the child without having to consider the procedures or costs of marriage. Then this is also because of the occurrence of pregnancy outside of marriage, namely as a result of free association of teenagers, so that in order to avoid the birth of a child born outside of marriage because of education/duty, the parents of the man and woman agree to carry out a morumbandole marriage.