Perlindungan Hukum Terhadap Perempuan Korban Kawin Tangkap (Woppa Mawinne) Pada Masyarakat Adat Kampung Tarung Kelurahan Sobawawi Kecamatan Loli Kabupaten Sumba Barat

MALO, Jakson (2023) Perlindungan Hukum Terhadap Perempuan Korban Kawin Tangkap (Woppa Mawinne) Pada Masyarakat Adat Kampung Tarung Kelurahan Sobawawi Kecamatan Loli Kabupaten Sumba Barat. Undergraduate thesis, Universitas Katolik Widya Mandira Kupang.

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Abstract

Violence against women often occurs because of gender inequality with unequal relations between men and women. Violence against women as a vulnerable group always discriminates and demeans the nature of women themselves as experienced by women as victims of the Culture of Capture Marriage (Woppa Mawinne) and placing women as objects. Kawin Tangkap is a forced marriage experienced by Sumbanese women with physical, sexual, psychological and social violence. Thus the problem raised is the legal protection of women victims of marriage arrest (Woppa Mawinne) in the indigenous people of Tarung Village, Sobawawi Village, Loli District, West Sumba Regency. The purpose of this research is to find out the legal protection given to women who are victims of intermarriage (Woppa Mawinne). The type of research used in writing this thesis is empirical law using a sociological juridical approach. The data collection method used is an interview. The results of the study indicate that legal protection for women victims of marriage arrest (Woppa Mawinne) to the indigenous people of Tarung Village, Sobawawi Village, Loli District, West Sumba Regency, that the customary form of protection is given to women. In an effort to protect women from the law, customary law seeks to provide preventive legal protection: If the condition of the male party does not allow the implementation of customary affairs or payment dowry, there is also a way out. Can they get married first through the customary procedure that is simplified, then (one or two years) settlement matters dowry can be held. It is thus called pa halelaya la mangilu, pambotuya la malamuri(lighten up first, weigh down later) This, of course, must pass the agreement of both parties. Whereas Repressive Legal Protection for women victims of captured marriages (Woppa Mawinne), in the catch mating solution (Woppa Mawinne) in the West Sumba community can go through several stages as follows: 1) Notification Stage (Tekkidage Inna Ama). 2) Request Entry Stage (Ammikudi Mother Father) 3) Stages of Traditional Mats (Teppe sara Teppe Nuku). 3) Moving Stages (Dikki). 4) Stages of Religion. In an effort to protect the law against women, customary law seeks to provide preventive legal protection: If the circumstances on the part of the man do not allow the implementation of customary affairs or payments dowry, there is also a way out. The aim is to prevent and ensure that there is no violation or violence against women. Whereas Repressive Legal Protection is a form of protection by Customary Law through Traditional Leaders by imposing sanctions or fines. Kawin Tangkap is maintained in accordance with applicable customary law procedures and based on an agreement between the two parties attended by traditional leaders and the government. Sumba traditional leaders have again formulated the procedures and norms regarding marriage (capture marriage) so that cultural deviations do not occur again from customary justice institutions in solving marriage problems and other problems related to custom before positive law is enacted. Indigenous leaders to be active in preserving traditions and providing understanding So that the younger generation is re-instilled with knowledge about original cultural traditions that have not changed.

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