Polygamy in Papua Traditional Marriage Reviewed from Marriage Laws

Abstract

This paper aims to examine and analyze the juridical problems in the implementation of polygamy in Papuan traditional marriages which are established according to customary law. This research was conducted on Papuan customary communities in Sentani, Central Sentani District (Hobong Village) and West Sentani District (Doyo Village). The data were collected by means of interviews, and the data were analyzed through qualitative analysis. The results showed that the implementation of polygamy marriage in indigenous Papuan/Sentani communities carried out by Ondoafi / Ondofolo who as leaders in customary communities is not in accordance with the provisions in Law Number 1 of 1974 concerning Marriage. The Marriage Law is based on monogamy, but still provides concessions for those whose religions allow them to practice polygamy with fairly strict conditions. The requirements for polygamy in the Marriage Laws are set aside by Ondofolo who practices polygamy, the consent of the first wife is not required. By setting aside the requirements in the Marriage Laws for polygamy, there will be a negative impact on the polygamous marriage, namely that the marriage is not recorded or is illegitimate, resulting in children born in the marriage to become illegitimate children. The disharmony between customary law and national law (Marriage Laws) in terms of polygamous marriage among indigenous Papuans results in no sense of justice in the household. Lack of socialization regarding the Marriage Laws as a National Law to indigenous Papuans has resulted in a lack of legal awareness and resulting in minimal legal compliance.

Keywords: Papuan Traditional Marriage - Marriage Law.

DOI: 10.7176/JLPG/103-09

Publication date: November 30^th 2020