Abstract :
Customary law is an unwritten law that is recognized in the 1945
Constitution. One of the indigenous peoples in Indonesia who still carry out their
customary law is the indigenous Malay community, especially in Pekanbaru City.
Marriage marriage law for Malay indigenous peoples must be implemented
gradually and continuously in accordance with the stages of implementing
marriage marriages and teaching Malays with Islamic nuances, especially in
marriages between people with the title of King and people without the title of
King that occur among the Malay community which will also have an effect on
children, property, and position of husband and wife
The main problem in this study is how the implementation of indigenous
Malay marriages between the title Raja and not the King title in Pekanbaru, and
how the legal consequences of the marriage between those who hold the title of
King and those who do not hold the title of King against children in the
indigenous Malay community in Pekanbaru.
The method used in this study when viewed from the type is using
observational research methods using survey methods, namely research that is
directly carried out at the location or scene with data collection tools, namely
interviews and questionnaires using an empirical approach. Meanwhile, if viewed
from its nature, this research is descriptive in nature, namely research that is
intended to provide a clearer picture and apply the existing facts in clear and
systematic detail about the main research problems.
From the results of the study, it is known that at this time there are still
many children from parents from among people with the title of King or nobility
in Pekanbaru who carry out marriage customs, but some of the traditional
wedding processions have been abandoned and follow the development of the
times which of course is no longer appropriate. with the authenticity of the
marriage customs of the Malay community. Currently, parents with the title of
Raja or nobility are no longer directing their children to marry another with the
title of Raja or nobility, especially for girls who are given the freedom to choose
their potential mate, which of course is no longer in accordance with the
authenticity of Malay customs. for those with the title of King or nobility. In terms
of the rights and obligations of the child resulting from the marriage, only in
traditional ceremonies there are differences. Marriage assets in the patrilineal
kinship system in the Pekanbaru Malay community can be divided into innate
assets that can be separated between husband and wife rights, and joint assets that
are jointly controlled by husband and wife. And the position of husband and wife
is in accordance with their nature in general, which means that the husband
remains as the head of the family and their children remain as the successors of
the father's lineage and the wife remains as a housewife even though only the wife
has the title of King or nobility.