The Implementation of Customary Crimes in the Case of Running Marriage in the National Law Perspective in Waimangit Village, Buru Regency


  • Lutfi Rumkel, Salmah Yusuf, Darwin Rukua, Belinda Sam, Risman Iye


Customary Law, Eloping, Waimangit, Buru Island


Customary law, especially customary criminal law, originates from the customs of the community and is therefore called natural law. Customary law, an unwritten law, is the basis for determining good and bad behavior in certain traditional societies. The purpose of this study is to use criminal cases of marriages and marriages of Indigenous people in the village of Waimangit in Buru District from a national legal perspective. This type of research used in this study is a type of qualitative research. Research sites in Maluku Province, Buru Regency, Waimangit Village. The data used in this study are primary and secondary data sources. Forms of data processing in this study are data classification, data reduction, and data editing. Elopement or the act of taking a woman away with her consent (woman) to be married by a man who took her away in the traditional law of Pualau hurry and the national law of Buru Island is prohibited because of causing shame by the family of the woman's party so that it is threatened traditional criminal sanctions in the form of ostracism, persecution, expulsion from the village or murder. elopement in national law is prohibited if it violates Article 332 paragraph (1) number 1 of the Criminal Code about taking women away under the age of their consent, which is not in line with the imposition of customary law sanctions. As for the factors that occur eloping namely. The absence of the blessing from parents of both parties, the expensive dowry money charged to the men, the existence of different tribes, a pregnancy outside marriage, and religious differences