Harmonization of “Uang Panaik” as Customary Term in Bugis-Makassar Ethnic Group and Dowry in Indonesian Marriage System

Abstract

Indonesian Law No. 1 Year 1974 has defined the basic principles regarding marriage and everything related to marriage that has been adapted to the current development. Law of marriage under Customary Law in Indonesia contains several parts of marriage ceremonies that later on turn into arts in culture and tradition. It is handed back to the discretion of the local community. In the process of the customary marriage in Bugis-Makassar ethnic group, “uang Panaik” is the first thing that must be discussed in addition to dowry and must be approved by both parties. The method used in this research is a normative legal research with statute, historical, conceptual and comparative approach presented in descriptive analysis. The conclusion is that the “uang panaik” is an absolute requirement in customary law in Bugis-Makassar ethnic group. The “uang panaik” itself and the dowry must be met together for marriage eligibility.

Keywords: Dowry; Civil Law; Customary Law; Marriage Law; Islamic Law