Antara Adat dan Negara : Problematika Legalitas Pernikahan di Suku Anak Dalam Jambi

Abstract

The legal status of marriage among the Suku Anak Dalam (SAD) community in Jambi constitutes a significant socio-legal issue due to the disparity between customary law recognition and state administrative requirements. Although marriages are considered valid under indigenous traditions, many remain unregistered, creating legal uncertainty and limiting access to civil rights. The objective of this research is to examine the forms of customary marriages practiced by the SAD community, identify the factors causing the absence of legal registration, and evaluate the resulting impacts on their civil status. The study aims to analyze the tension between living law and positive law and to formulate a legal reconciliation approach that respects indigenous cultural identity while ensuring legal protection. This research employed a qualitative case study approach involving participant observation, in-depth interviews, and field documentation. Informants included customary leaders (Tumenggung), married SAD couples, social facilitators, and local government representatives. Data were analyzed using the Miles and Huberman interactive model. The findings reveal that the absence of marriage legality is primarily caused by geographical isolation, lack of identity documents, strong adherence to customary norms, and limited legal awareness. Consequently, SAD families experience civil vulnerability, restricted access to education, healthcare, social assistance, and weakened legal protection for women and children. The study recommends culturally sensitive mobile registration services and more inclusive legal policies for indigenous communities.