| dc.description.abstract | The kawin tangkap tradition is a customary practice found among the Sumba ethnic community
in Indonesia, involving the forcible capture of a woman to marry her, often conducted without
her explicit consent. While the practice is considered a cultural ritual that strengthens social
bonds and reflects ancestral heritage, it raises significant ethical and legal concerns. The
tradition challenges modern legal frameworks, especially Indonesia's Marriage Law No. 1 of
1974, which mandates mutual consent in marriage. This study critically examines kawin
tangkap within the context of Indonesia's dual legal system, encompassing customary law
(hukum adat) and national law, and evaluates its implications on human rights and gender
equality. The research highlights the tensions between cultural preservation and the
enforcement of individual rights, proposing solutions to harmonize these conflicting values
through legal reform, community engagement, and the protection of vulnerable individuals.
This paper advocates for a balanced approach that respects cultural heritage while ensuring
the dignity and autonomy of all citizens, particularly women. | en_US |
