al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 126-150
ISSN: 1907-591X.
E-ISSN: 2442-3084
DOI: https://doi.
org/10.
19105/al-lhkam.
The Legal Culture of Samin Community of Family Law in Central Java Nur Wakhidah Universitas Islam Negeri Antasari Banjarmasin.
Indonesia email: nurwakhidah.
2777@gmail.
Zulfa Jamalie Universitas Islam Negeri Antasari Banjarmasin.
Indonesia email: zulfajamalie@uin-antasari.
Mujiburohman Abas Universitas Islam Negeri Antasari Banjarmasin.
Indonesia email: mujiburohman@uin-antasari.
Raihanah Abdullah Universiti Malaya.
Malaysia email: raihanah@um.
Jalaluddin Jalaluddin Universitas Islam Negeri Antasari Banjarmasin.
Indonesia email: jalaluddin@uin-antasari.
Article history: Received: September 02, 2023.
Accepted: November 05, 2023.
Published: June 15, 2024 Abstract:
This article seeks to examine the legal culture of the Samin community in relation to their preferences in family law, the persistence of the customary law in the community, and the transformations that have taken place in Samin family law.
The data of this article is derived from an ethnographic study conducted at various Samin villages in Central Java between 2022 and 2023.
Information was gathered via in-depth Author correspondence email: nurwakhidah.
2777@gmail.
Available online at: http://ejournal.
id/index.
php/alihkam/ Copyright .
2024 by Al-Ihkam.
Jurnal Hukum dan Pranata Sosial The Legal Culture of Samin Community of Family Law in Central Java interviews, observation, and document analysis.
The study's findings suggest that the government does not officially recognize marriage within the Samin community.
However, the Samin family law has undergone a significant transformation.
underwent a substantial change which involved the government officially acknowledging the Samin beliefs.
The research findings reveal symptoms of the Samin family law which underwent a transformation from customary law to local fiqh characterized by a mystical style.
Efforts are being made to establish formal legal frameworks that accept the belief in God Almighty and incorporate legal practices.
The legal negotiations led to the emergence of natural law plurality which in practice, is influenced by politics, social, and culture.
Keywords:
Legal Culture.
Samin Community.
Family Law.
Preferences Introduction The legal development in Indonesia is undergoing substantial advancements that directly impact the lives of indigenous peoples, cultural heritage,1 and indigenous faith.
2 Those regulations govern some societal life such as marriage, civil governance, and officially recognized state faith on indigenous communities who have coexisted and abided by their traditional norms for centuries.
3 For decades, indigenous peoples have served as custodians of customary law and 4 Now, it is being depicted as a hindrance to the progress of the law.
Local faiths that have assimilated themselves from their 1 Susandi Decapriu Putra Pamungkas et al.
AuPenerapan Sistem Civic Virtue Sebagai Langkah Optimalisasi Musyawarah Perencanaan Pembangunan (Musrenban.
dalam Pembentukan Produk Hukum di Desa Adat,Ay Interdisciplinary Journal on Law.
Social Sciences and Humanities 4, no.
: 1Ae20, https://doi.
org/10.
19184/idj.
2 Mahkamah Konstitusi.
AuPutusan Nomor 97/PUU-XIV/2016Ay .
3 John R.
Davies.
Islam.
Law, and Equality in Indonesia: An Anthropology of Public Reasoning.
Islam.
Law, and Equality in Indonesia: An Anthropology of Public Reasoning, 59 (New York: Cambridge, 2.
, https://doi.
org/10.
1017/CBO9780511615122.
4 Solomon Gwerevende.
AuChilonga Cultural Landscape in the Shadow of Eviction : Living Cultural Heritage.
Livelihoods and Minority Indigenous PeopleAos Rights under Threat in Zimbabwe ? Rights under Threat in Zimbabwe ?,Ay International Journal Heritage Studies .
627Ae42, https://doi.
org/10.
1080/13527258.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 126-150 Nur Wakhidah, et al.
ancestors and rely on spirituality and the preservation of cultural heritage are under challenge.
The imposition of state legislation can compel indigenous peoples to relinquish their ideas, values, customs, and behaviors associated with their cultural heritage such as what happened in the Samin community.
5 This affects the way they conduct marriage, divorce, and the distribution of assets after death in order to comply with their religious convictions.
6 The implementation of the Marriage Law.
Population Administration Law, and Compilation of Islamic Law have a significant impact on the Samin community.
Epistemologically, this kind of law shows that the Samin community realizes and believes that Islam regulates their life as part of the law.
Moreover, ontologically, this belief builds a relationship between customary law and their legal culture.
Wong Samin, a Javanese term, designates a faction within Javanese society adhering to the Samin teachings.
7 Samin community originated in approximately 1890, when Surosentiko Samin, a Javanese peasant farmer, started spreading his religious beliefs in Blora and Rembang regencies of north-central Java.
The Dutch colonial authorities first took notice of the movement in 1905.
According to Harry J.
Benda and Lance Castles, another complexity arises from the fact that the Saminist ideology does not easily align with the general category of a small part of the whole tradition.
Tjipto Mangoenkoesoemo further stated that SaminAos separation from his first spouse had influenced his ideas toward scrutinizing the prevailing societal structure.
Accusing Samin of not 5 Gwerevende.
6 Davies.
Islam.
Law, and Equality in Indonesia: An Anthropology of Public Reasoning.
7 Iman Fadhilah et al.
AuExploring the Monogamy Principle in the Samin CommunityAos Customary Marriages in Kudus: Harmonisation of Tradition and State Law,Ay Ijtihad: Jurnal Wacana Hukum Islam dan Kemanusiaan 23, no.
: 281Ae304, https://doi.
org/10.
18326/ijtihad.
8 Victor T.
King.
AuSome Observations on the Samin Movement of NorthCentral Java,Ay Bijdragen Tot de Taal-.
Land- En Volkenkunde / Journal of the Humanities and Social Sciences of Southeast Asia 129, no.
: 457Ae81, https://doi.
org/10.
1163/22134379-90002714.
9 Harry J.
Benda and Lance Castles.
AuThe Samin Movement,Ay Bijdragen Tot de Taal-.
Land- En Volkenkunde / Journal of the Humanities and Social Sciences of Southeast Asia 125, no.
: 207Ae40, https://doi.
org/10.
1163/22134379-90002844.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 126-150 The Legal Culture of Samin Community of Family Law in Central Java being a Muslim, she attempted to nullify their marriage through the naib .
local religious officia.
10 Furthermore, the Samin community does not include the modin .
village religious officia.
in marriages and funerals.
They decided to have a traditional marriage, informing only the village head.
11 This is in line with research conducted by Hartanto, meanwhile identifying variables that contribute to the Samin community in Kaliyoso.
Kudus, not registering their In 2017, the Constitutional Court announced Decision Number 97/PUU-XIV/2016 which officially recognized adherents of the belief in God as the fundamental requirement for the execution of 13 Widanarti and Njatrijani show that some members of the Samin community have implemented the decision.
However, there are some individuals who do not want to comply with these provisions and refuse to officially register their marriages.
In addition, certain individuals from the Samin community requested formal recognition of their faith, known as Adam, as a legitimate faith in Indonesia.
Rosyid illustrates how the Samin community feels relieved and liberated from the state.
The verdict granted the Samin community the freedom to get married in accordance with their religious beliefs.
For example, the couple Ani Agustina and Kristiyanto married on April 25, 2019, following local religious customs as stated in the Constitutional Court's decision to believe in God Almighty.
10 Tjipto Mangoenkoesoemo.
Het Saminisme: Rapport Uitgebracht Aan de Vereeniging AuInsulindeAy (Semarang: Drukkerij en Boekhandel HA Benjamins, 1.
11 Benda and Castles.
AuThe Samin Movement.
Ay 12 Dwiyana Achmad Hartanto.
AuLocal Wisdom of Sedulur Sikep (Sami.
SocietyAos Marriage In Kudus: Perspective of Law Number 1 Year 1974 on Marriage,Ay Jurnal Dinamika Hukum .
https://doi.
org/10.
20884/1.
13 Mahkamah Konstitusi.
Putusan Nomor 97/PUU-XIV/2016.
14 Herni Widanarti and Rinitami Njatrijani.
AuImplementasi Putusan MK No 97/PUU-XIV/2016 Terhadap Pelaksanaan Perkawinan Pada Masyarakat Adat Samin (Sedulur Sike.
Di Jawa Tengah,Ay Diponegoro Private Law Review 4, no.
https://ejournal2.
id/index.
php/dplr.
15 Moh Rosyid.
AuPerempuan dalam Perkawinan Samin: Perlindungan Budaya Versus Hukum Positif,Ay Musywa Jurnal Studi Gender dan Islam 18, no.
: 149,
https://doi.
org/10.
14421/musawa.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 126-150 Nur Wakhidah, et al.
There are two distinct sides: first, the group that seeks to have their beliefs recognized as an officially recognized religion in Indonesia.
The second is the group that chose to convert to Islam.
Hidayat A.
et al.
Aos study reveals the Samin communityAos increasing involvement in formal marriage registration through the Religious Affairs Office,17 which implies the second groupAos existence and It is likely different from Horii who cites PlattAos viewpoint that marriage registration according to state legislation holds little significance for numerous Sasak individuals as it undermines or diminishes customs that foster a more vibrant type of marriage.
Some relevant research has been conducted by several MyrlindaAos,19 ArifAos et al.
,20 and A.
HidayatAos et al21 have conducted research on the Samin community toward their Their research, generally, shows that the Samin communities are still fighting with the existence of their local tradition toward the existence of state law.
Furthermore.
Arif and Hidayat argue that the Samin community tends to adapt the state and customary law for their daily life and both go in harmony.
However.
MyrlindaAos research shows strong efforts of the Samin community to preserve their legal Another one is that of Anna Beckers et al22 which argues that law enforcement in modern societies is driven by two seemingly 16 Moh Rosyid.
AuKonversi Agama Masyarakat Samin: Studi Kasus di Kudus.
Pati, dan Blora,Ay Sinopsis Disertasi (IAIN Walisongo, 2.
17 Hidayat AN.
Saipiatudin, and Kurniawan N.
AuTransformation of the Legality of the Marriage Culture of the Samin Sambongrejo Community.
Blora Regency,Ay Journal of Geography Science and Education 22, no.
: 2685Ae581, https://doi.
org/https://doi.
org/10.
32585/jgse.
18 Hoko Horii.
AuMarriage.
Gender, and Islam in Indonesia: Women Negotiating Informal Marriage.
Divorce, and Desire, by Maria Platt,Ay Bijdragen Tot de Taal-.
Land- En Volkenkunde / Journal of the Humanities and Social Sciences of Southeast Asia 174, no.
2Ae3 .
: 345Ae47, https://doi.
org/10.
1163/22134379-17402017.
19 Fransiska Rahayu Myrlinda.
AuSaminAos Arranged Marriage Rituals in Today JavaneseAos Society,Ay Journal of Language and Literature 19, no.
: 140Ae47, https://doi.
org/10.
24071/joll.
20 Muhamad Arif.
Abdul Ghofur, and Dhanang Respati Puguh.
AuThe Pattern of Social Changes in the Samin Community and Its Influencing Factors,Ay Indonesian Historical Studies 5, no.
: 134Ae47, https://doi.
org/10.
14710/ihis.
21 Hidayat and Kurniawan.
AuTransformation of the Legality of the Marriage Culture of the Samin Sambongrejo Community.
Blora Regency.
Ay 22 Anna Beckers.
Klaas Hendrik Eller, and Poul F.
Kjaer.
AuThe Transformative Law of Political Economy in Europe,Ay European Law Open, 2022, https://doi.
org/10.
1017/elo.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 126-150 The Legal Culture of Samin Community of Family Law in Central Java contradictory missions: promoting growth and preserving tradition.
To some extent, this portrays the same situation as that of Samin in dealing with the requirement to obey the state law and the willingness to pertain to the customary law.
Thus, compared to them, this study builds on previous research by thoroughly examining the legal preferences and legal culture of the Samin families which serve as a foundation for formulating legal policy.
This research aims to strengthen the arguments of previous studies on legal culture development apart from its differences in terms of emphasis, methodology, and theories used, particularly regarding the construction of legal culture and its The results of this study will enhance the discussion and process of agreement-making between customary law.
Islamic law, and national law, not only in Indonesia but also among indigenous groups around the world.
There are three issues to examine in this article.
First, how is the construction of a legal culture of the Samin community in the preference of family law in Central Java? Second, how is the persistence of the Samin community on their own family/customary law in Central Java? Third, how is the transformation of family law of the Samin community in Central Java? Methods This research is legal ethnography, a legal research method with direct interaction of social settings to understand the life experiences of members of the Samin community in Central Java.
The primary data consisted of 15 key informants: 8 Samin leaders, 3 religious leaders, and 4 state officials.
Interviews were conducted three to four times and lasted between 50 and 120 minutes.
The interviews were recorded and transcribed.
The observation, meanwhile, was conducted in six dukuh .
in Central Java, over a period of more than one year from 2022 to 2023.
Fieldwork was done by going to them, visiting coffee shops, rice fields, halls, and kamling .
eamanan lingkunga.
We used Thomas AquinasAotheory of natural law because initial observations showed that the legal norms of the Samin family are closely related to theology.
In their recognition is the theology that comes from the religion of Adam.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 126-150 Nur Wakhidah, et al.
Result and Discussion The Construction of Legal Culture of Samin Community in Preference of Family Law Samin community believes, based on their custom, that real marriage is pengucape .
rom his speec.
, ilmu laku .
he science of behavio.
, ilmu kasunyatan .
he science of realit.
, and sepisan kanggo selawase .
nce in peopleAos lif.
without having to be registered.
However, some Samin people also still believe in state law.
It shows that the Samin community itself has diverse family law preferences.
We found that there are preferences among them about what kind of law they use in their life.
For detailed information, the representative preferences of the family law system in the Samin community can be seen in Table 1.
Table 1.
Samin communityAos family law system with specific Source Statement Rebi Starting in 1955, the government Samin arranged large-scale/mass weddings Elde.
for the Samin community, and we willingly participated in them.
Kemi (A I was not required to demonstrate my Samin Elde.
identity as a Samin.
Consequently.
I officially recorded my marriage in Budi Santoso I object to being compelled to get Samin married under Islamic law, as my Elde.
religious beliefs do not align with Islam.
I adhere to the faith of Adam.
Since 1990.
I have encountered difficulties in gaining government recognition for my beliefs.
Our religion was officially acknowledged as a belief by the State in 2017.
Datar (A Samin community adopted Buddhism Village as their preferred religion for marriage Apparatu.
Family Law System Preference State customary law State customary law State law based on belief in God Buddhist-based State Law 23 Gun Retno.
AuInterviewAy .
Maret, 2.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 126-150 The Legal Culture of Samin Community of Family Law in Central Java Source Statement Family Law System Preference Customary law Gun Retno (A We continue to uphold marital laws Samin Elde.
passed down by our forefathers.
Our marriages are not officially recorded.
Data compiled from research Based on Table 1, it can be seen that the majority of informants have officially recorded their marriage at the Office of Religious Affairs.
24 Some get married according to their beliefs in God Almighty at the Civil Registry.
25 Others registered their marriages at the Civil Registry based on Buddhism, and there are still Samin communities who do not want to register their marriages.
Some of those informants stated that the marriage registration happened because the State wanted citizens to register their marriage The state representatives, pamong praja .
ivil servant.
, come to every Samin people and ask them to register their marriage.
Below is the story of SantosoAos experience:26 AuIn 1985.
I was getting married to my wife.
experienced the ferocity of the local government.
I was visited by Pamong Praja (Civil Servant.
I was threatened that I could not marry a resident here.
Then if I wanted to marry one of the villagers.
I had to get married in an Islamic way at the Religious Affairs Office.
Finally, there was a big argument.
I was forced, but I did not want to.
They didn't accept it and kicked the table.
I was told.
AuYou are breaking the lawAy.
The next day, the kamituwo .
nofficial hamlet leade.
and modin .
village religious officia.
came to me again, but I insisted that I did not want to get married in IslamAy.
24 Hidayat and Kurniawan.
AuTransformation of the Legality of the Marriage Culture of the Samin Sambongrejo Community.
Blora Regency.
Ay 25 Rosyid.
AuPerempuan dalam Perkawinan Samin: Perlindungan Budaya Versus Hukum Positif.
Ay 26 Budi Santoso.
AuInterviewAy .
Juni, 2.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 126-150 Nur Wakhidah, et al.
From the interview with Santoso,27 it can be seen that there is an interaction of the Samin family law with the state law.
Santoso said that national law was formed after Indonesian independence, while Samin law had existed before Indonesian independence.
However, politically, the state does not recognize the existence of the Samin law.
He further argued that AdamAos religion is an ancestral religion that existed long before the birth of the Republic of Indonesia.
SantosoAos case above indicates a legal conflict between state and customary law.
The village government uses coercion against Samin people who want to get married in accordance with official religion and beliefs.
The narrative above is similar to LukitoAos research which found conflicts between state law.
Islamic law, and customary Apart from this, the contentious tradition in the family law of the Samin community, which is subject to objectification, is nyuwito The nyuwito tradition, which is a stage of Samin marriage, is opposed by ulema and the people around them.
Thohir, as a religious leader, expressed the opinion on nyuwito or ngrukuni tradition as follows:29 AuBefore marriage.
Samin communities have to do nyuwito ceremony or ngrukuni, sexual intercourse between man and woman.
The next morning, they have to report that they did it and confess whether they have feelings for each other to the prospective in-laws.
After all, the next day, they can hold a wedding party.
In this specific context, the marriage will be considered AulawfulAy if the brideAos parents have given consent for the relationship.
Sexual intercourse serves as evidence of genuine affection between Samin community believes that love, manifested through sexual intercourse during the nyuwito phase, should be the foundation 27 Santoso.
28 Ratno Lukito.
AuHukum Sakral dan Hukum Sekuler: Studi tentang Konflik dan Resolusi dalam Sistem Hukum IndonesiaAy (Jakarta: Pustaka Alvabet, 2.
29Thohir.
AuInterviewAy .
Februari, 2.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 126-150 The Legal Culture of Samin Community of Family Law in Central Java of marriage.
30 Nevertheless, there are many bad rumors circulating among the wider society about the marriage practices of this community, especially regarding with nyuwito tradition.
Islam is a religion and a guideline that regulates the lifestyle of society in small and large scopes.
31 Islam provides spaces for dialogue between ethnic and religious values, which link the Islamic teaching and the cultural and ethnic values.
32 According to Islamic Jurisprudence, the attitude of ulema who reject the nyuwito tradition is relevant to the theory of al-Adah muuakkamah that customary traditions can become law as long as they do not violate Islamic ShariAoa.
Research by Zainuddin et al33 and Assaad et al34 shows the encounter and collaboration of local culture and Islamic law which vividly shows how those two can be either in harmony or in conflict.
On the other hand.
Beccmann's research found ulema fighting customary traditions that contradict Islamic law35 which strengthens that this case repeatedly happens in diverse contexts.
When Minangkabau ulema used the method of war to solve the contradictions, ulema around the Samin community provided continuous understanding in a peaceful manner.
The legal preferences of the Samin family therefore show a legal culture of carrying out community-made laws believed to be laws from God.
Wacks with Tebbit mentioned that GodAos law can be Arif Rohman.
AuRumours and Realities of Marriage Practices in Contemporary Samin Society,Ay Humaniora 22, no.
: 113Ae24, https://doi.
org/10.
2139/ssrn.
31 M Ichsan.
AuPoligami dalam Perspektif Hukum Islam (Kajian Tafsr MuqArana.
,Ay JURIS (Jurnal Ilmiah Syaria.
17, no.
: 151,
https://doi.
org/10.
31958/juris.
32 Ridwan Nurdin.
Muhammad Yusuf, and Syarifah Sarah Natasya.
AuThe Gayonese Culture of Marriage System: The Islamic Law Perspective,Ay Samarah 5, no.
: 108Ae26, https://doi.
org/10.
22373/sjhk.
33Zainuddin.
Jusalim Sammak, and Salle.
AuPatuntung: The Encounter of Local Culture and Islamic Sharia in the Ammatoa Kajang Community,Ay AL-IHKAM: Jurnal Hukum & Pranata Sosial 18, no.
: 177Ae99, https://doi.
org/10.
19105/allhkam.
34Zulkifli et al.
AuGender Equity in Inheritance System: The Collaboration of Islamic and Bugis Luwu Customary Law,Ay AL-IHKAM: Jurnal Hukum & Pranata Sosial 18, no.
: 125Ae51, https://doi.
org/10.
19105/al-lhkam.
35 Fatahuddin Aziz Siregar et al.
AuMerantau in the Ethnic Tradition of Minangkabau: Local Custom without Sharia Basis?,Ay Samarah 6, no.
: 115Ae38, https://doi.
org/10.
22373/sjhk.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 126-150 Nur Wakhidah, et al.
accessed by humans through the use of reason.
The light of reason is the divine radiance in humans.
Laws from God are taught by their ancestors orally and from generation to generation.
Then, the knowledge of this law is lived by its adherents as the social construction theory proposed by Peter Berger and Thomas Luckmann.
Social construction consists of the processes of externalization, objectification, subjectification, and internalization.
the externalization process, the data showed the existence of power relations between the state and the Samin community.
The process of negotiation and reconciliation is a power relation from the state.
The knowledge disseminated by the government on the importance of marriage registration is a discourse that is then normalized.
The objectification among the Samin is clear from the way they can be accepted by the other communities.
Meanwhile, the subjectification leads to the Samin peopleAos argument that their custom is the best to maintain in their daily life.
In the end, internalization required them to use and implement their custom and Islamic teaching together.
This, then, leads them to be mindful about the law they used in their This study discovered the development of a legal culture that has a tendency towards pluralism.
There are several legal cultures in the Samin community.
First, the legal culture uses customary law.
Second, the legal culture employs state law based on Islamic law.
Third, the legal culture uses Buddhist-based state law.
Fourth, the legal culture uses state law based on belief in God.
Based on those points, it shows that the existing legal system, whether liked or disliked, must be combined with local culture, namely customary law.
There is a strong relationship among them which cannot be separated from each other.
The interaction and relationship between the customary and legal systems in the Samin communities shows that the process of assimilation of law happened.
Mohamed Berray argues that employing homogeneous common good as the fundamental analogy for assimilation and integration disregards the necessary individual adjustments that must be made to both majority and minority al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 126-150 The Legal Culture of Samin Community of Family Law in Central Java 36 Like what happened in the Samin community.
Hung found that there are creative and flexible strategies employed by three Chinese groups to adopt Confucian values and the traditional Chinese legal system.
37 His research showed that Confucian and traditional law cannot be separated.
Within this framework, the act of objectifying SaminAos legal culture through the reconstruction of a culture that contradicts Islam reinforces the findings of Surya Sukti et al.
Aos research.
Their study revealed that the practice of opening lawang sekepeng, which involves consuming tuak .
raditional alcoholic beverag.
, has been substituted with the consumption of halal milk or other permissible beverages.
Those customs are deemed to contradict Islamic teaching.
Like what occurred among the Samin, customary law can be implemented as long as it does not contradict Islamic law as explained in receptio a contrario theory.
Therefore, the role of ulemas is found to be important as they typically control and adapt to the situation.
In fact, the cultural values of the Samin Community have the potential to contribute to the formation of national law.
This is in line with Hussin et al.
Aos research which found that by applying the concepts of al-Adah muuakkamah and the concept of maqAid ashsharah.
Islamic Family Law could specifically incorporate the custom among the Malay community.
This is due to the fact that local culture offers many advantages and positive aspects for the community as a The position of adat in the state law is actually regulated in Article 4 of Minister of Home Affairs Regulation No.
52 of 2014 concerning the recognition and protection of indigenous and tribal 36 Mohamed Berray.
AuA Critical Literary Review of the Melting Pot and Salad Bowl Assimilation and Integration Theories,Ay Journal of Ethnic and Cultural Studies 6, 1 .
: 142Ae51, https://doi.
org/10.
29333/ejecs/217.
37 Alvin Hoi-Chun Hung.
AuFilial Piety across Legal Systems: Analysing the Influence of Traditional Chinese Legal Culture of Property in Hong Kong.
Taiwan, and China,Ay Asian Journal of Comparative Law 18, no.
: 137Ae57, https://doi.
org/10.
1017/asjcl.
38 Surya Sukti.
Munib, and Imam S.
Arifin.
AuPernikahan Adat Dayak Ngaju Perspektif Hukum Islam Studi Di Kabupaten Gunung Mas Kalimantan Tenga.
,Ay ElMashlahah 10, no.
: 65Ae75, https://doi.
org/10.
23971/maslahah.
39 Moh Norhusairi Mat Hussin et al.
AuThe Legal Recognition of a WifeAos Rights of Harta Sepencarian in Malaysia,Ay Asian Women 39, no.
: 23Ae44, https://doi.
org/10.
14431/aw.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 126-150 Nur Wakhidah, et al.
In addition, customary law is recognized as a thing to consider in the legal discovery or legal formation by judges, namely living customary law within the customary law community.
In the end, the Samin community exhibits a multifaceted legal culture in their comprehension of laws pertaining to family law, namely marriage.
Disparities manifest in numerous geographical Certain individuals are inclined to adhere to state legislation, whereas others are not.
Meanwhile, the Samin community holds the belief that marriage serves as a concrete manifestation of divine laws under certain precise conditions.
Alternatively, some Samin people opt to adopt inclusivity and actively engage in negotiations and reconciliation with the government.
The outcome of the power dynamics between the community and the government shapes the specific cultural formation of the Samin community.
Persistence among The Samin Community to their Customary Law The persistence of customary law among the Samin community can be seen in unrecorded marriages as well as the divorce of those who live at Kaliyoso Hamlet.
Karangwo Village.
Undaan Sub-District.
Kudus.
The Samin community tends to get stuck and does not want to move from customary law to state law.
Some sampling yet representative divorce cases showing this symptom can be seen in Table 2.
Table 2.
Samin Community Divorce Divorced Parties Year Problems Solution taken Sandi vs Warni Divorce involving the state Totok vs Mita Ogi vs Mega Sandi is not native to Samin and they do not have children Child marriage.
Shifting values from traditional to modern Aspi vs Anggi Child marriage, domestic violence.
Divorce involving the state Divorce involving the state Divorce involving the state Data compiled from research al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 126-150 The Legal Culture of Samin Community of Family Law in Central Java What happened at the hamlet is quite different from Samin community in Blora Regency which conducts divorce through a Religious Court.
40 Table 2 implies that Samin communities in Kudus still maintain their own kapitayan .
ustomary law orde.
for divorce.
According to their perspective, the crucial aspect of divorce is the pengucape .
s they refer to i.
which signifies communicating to inlaws that the couple is no longer capable of fulfilling their responsibilities towards their spouse.
42 As Retno said, the state does not have the authority to represent Samin marriages and divorces.
43 In addition, they still uphold their family law practices to this day.
As the government does not recognize this sort of legal norm of customary marriage those who do not register their marriage in the Religious Office, are considered unmarried.
However, among 27 family cards, we found 20 of them mention women as the heads of the family, while the rest are headed by men.
It is questionable considering that they did not register their marriage to the Religious Affairs Office.
Therefore, this likely shows inconsistencies in the government impacting the status of some children who are only recognized by their motherAos line.
44 In fact, as a part of Indonesian citizens, the Samin community is supposed to obey the state laws.
This situation can be seen as legal pluralism considering that each sub-culture has its own law namely customary law.
Samin community is therefore at the crossroads of competing norms between state law and Samin family law.
A part of the Samin community opposes the state marriage law because it threatens their cultural landscape which includes their traditions and values.
Specifically, they believe that it can damage and jeopardize their cultural heritage, religious autonomy, and the continuity of their traditional practices.
They believe that when they get far away from their own culture and do not preserve it anymore due to the shift to state marriage law, it could lead to the loss of religious and spiritual activities that define their identity as well as their living cultural 40 Abdurrahman.
AuInterviewAy .
Maret, 2.
41 Gumani.
AuInterviewAy .
Juni, 2.
42 Ngasipan.
AuInterviewAy .
Maret, 2.
43 Retno.
AuInterview.
Ay 44 Karangrowo Village Government.
AuDokumentationAy (Kudus, 2.
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Transformation of the Samin Family Law Due to increased government and citizen awareness about marriage, the majority of Samin natives in Blimbing Sambongrejo Village have legally registered their marriages.
They have also modified the marriage procedure by following the state law and registering their marriages to the Religious Affairs Office.
45 Muyayin, the Head of the Religious Affairs Office (KUA) in Menden, provided an explanation of the Samin community's comprehension of Islamic law in Blora Regency as follows.
AuThe common marriage in this KUA is a marriage with wali hakim.
This happened because, in the past, their parent was not legally married.
Therefore, the next generation has to get married at the Religious Affairs Office.
Ay The excerpt implies a change in how the Samin community perceives contestation between state marriage law and their own marriage customary law.
The previous generation tended to ignore the state law, while the current one has changed a lot as clear by their cooperation and obedience to both laws.
It seems that government efforts work quite well.
One member of the Samin community, named Gumani, interpreted family law from the perspective of the Samin law as follows:47 AuSamin law of marriage is actually the law of promiseAi marriage must be once in our life.
But we live in a country where the law is supreme.
Consequently, we abide by the laws of the land.
As a result, we abide by the laws of the country, but we still follow our ancestral I tend to follow the rules, and now I have recorded my marriageAy.
45 Hidayat and Kurniawan.
AuTransformation of the Legality of the Marriage Culture of the Samin Sambongrejo Community.
Blora Regency.
Ay 46Muyayin.
AuInterviewAy .
Maret, 2.
47Gumani.
AuInterview.
Ay al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 126-150 The Legal Culture of Samin Community of Family Law in Central Java What Gumani said reflects how the current generation of Samin thinks about the customary law they inherited from their ancestor in relation to the state law as a rule in which they live their Instead of choosing one of both, they opt to adopt the new one without ignoring the older one.
This is reinforced by Ngasipan48 who clarified that the Samin tradition continues to persist, but the spouse also registers their marriage contract at the Religious Affairs Office.
the spouse chooses not to claim themselves Muslim, according to Datar,49 a village official in Jepara Region, the marriage is typically carried out in the Civil Registry by claiming Buddhism.
Running both laws, among others, is experienced by Bakri50 who testified as below:
AySince a long time.
Samin marriage has to be organized in both customary and state law.
It is like what I I already got married before the government and then Samin cultural marriage was also told to run.
The point is on deliberation.
Ay This shifting change, however, does not happen in a night.
Rebi,51 a Samin elder in Bapangan Hamlet.
Blora, explained further about compromise from the state so that the Samin community to register their marriages.
The state, according to him, provided an understanding of the importance of marriage registration for the Samin community in Bapangan Hamlet.
Likely, beginning in 1955, the state started implementing the mass marriage program.
In the following year, 1956, the mass marriage program continued until the following years.
Likewise.
Thohir, the headman in Blora area, claimed to struggle to straighten out Samin teachings to be in accordance with Islamic law.
He admitted that he always gave an understanding to the Samin community so that the Samin tradition, which was considered contrary to Islamic shari'a, would be abandoned.
52 This AocooperationAo 48Ngasipan.
AuInterview.
Ay 49Datar.
AuInterviewAy .
Juni, 2.
50 Bakri.
AuInterviewAy .
Maret, 2.
51Rebi.
AuInterviewAy .
Juni, 2.
52 Thohir.
AuInterview.
Ay al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
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implies how the transformation owes not only to the stateAos efforts but also to Samin key persons themselves.
Changes in the era and the impact of the current government efforts have forced the Samin community to adapt to the changing 53 It does not only happen in marriage only, but also in inheritance as told by Hadi54 who explained an inheritance dispute case among the Samin community.
It is even found other sams cases in Karangrowo Village as follows:
Table 3.
Samin Community Inheritance Dispute Cases in Karangwono Village Disputing Parties Jimin vs Untari .
Year Case Resolution This was a disputed inheritance case.
It occurred at RT.
RW.
Karangrowo Village.
One of the heirs sold an undistributed inheritance asset instead of dividing it.
Umbar .
has seven children but is deemed to have distributed the inheritance asset Finally.
Sanah .
sued this distribution to the village Gondo is supposed to receive an inheritance from his mother.
However.
Sumino, his father, only distributed inheritance to other children.
Gondo sued his father at the Karangrowo Village Office.
It was resolved at the village office after much deliberation took place.
Umbar vs Sanah Gondo vs Sumino The case was resolved at the village office and the settlement was The village apparatus resolved the inheritance dispute through In the end.
Gondo received the 53 Hidayat and Kurniawan.
AuTransformation of the Legality of the Marriage Culture of the Samin Sambongrejo Community.
Blora Regency.
Ay 54Noor Hadi.
AuInterviewAy .
Juni, 2.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 126-150 The Legal Culture of Samin Community of Family Law in Central Java Bambang vs Endang .
Bambang sued Endang in Kudus District Court because the inheritance was only given to Endang.
They were rejected by the Kudus District Court because they did not have identity cards or family cards.
Finally, the case was settled at the village office Data compiled from research Table 3 shows how there was compromise, reconciliation, and negotiation between the Samin community and the state through either the village apparatus or the District Court.
The existence of this negotiation indicates a transformation of the Samin family law that begins to recognize the state law.
In some of these cases, they involved the state when resolving inheritance problems.
This is evidence of the Samin communityAos internalization of the state law.
GumaniAos marriage, which was registered in 2021, proved the negotiation between the state and the Samin community as well as recognition of the Samin community's beliefs as penghayat kepercayaan .
Those phenomenons furthermore show the creation of alternative norms by the Samin community apart of differences between one place to others like in Pati.
Blora, and Kudus.
The interview session with Muyayin showed us how the Samin community has accepted Islamic law.
They get married through the Religious Affairs Office in accordance with Islamic law.
Meanwhile, in Jepara, the legal negotiations took place by choosing Buddhism as the closest religion to be written on the national identity card (KTP) so that the Samin community could register their marriage.
Collaboration between Samin family law and state law is therefore crystal clear.
Figure 1 below shows the transformation process of the Samin family law.
al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
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Samin Family Law Knowledge Power and Knowledge Relations Externalization Internalization Subjectification Objectification Local Fiqh Based on Mystical Style Buddhism-Based Formalization of the Samin Family Law Normalization Formalization of the Samin Family Law Based on Belief in God Figure 1.
Transformation of the Samin Family Law Figure 1 above displays how the Samin family law transformed into local fiqh based on mystical style, formal law based on Buddhism, or formal law based on belief in God.
It is made possible by using Berger's theory of social construction consisting of externalization, objectification, subjectification, and internalization.
Once externalized, the Samin family or customary law is observed by non-Samins so that they can know it quite well.
They range from nonSamins people, government, and ulema.
The next step, for instance, enables ulema to identify a part of Samin culture contradictory to Islamic law so that they can propose a good replacement for it at the phase of objectification.
Meanwhile, the government forced them to register their marriage through mass marriage.
Along with it.
Samin themselves also undergo a subjectification process, namely how they perceive their own customs which inevitably leads them to truth claims.
To make the truth claim balanced with the surrounding laws living with them, there made the last phase called internalization in which the Samin community al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 126-150 The Legal Culture of Samin Community of Family Law in Central Java reflects the law they have within existing laws in their surrounding so that it leads them to obtain legal consciousness.
They make their own public conceptions and objectify themselves at the same time.
Therefore, the community members engage in a dialectical process of externalization, objectification, and internalization periodically which finally leads them to the creation of a set of normative and cognitive concepts called legal consciousness.
They manifest the consciousness by making necessary changes in both their ideas and actions which, in this context, relates to how they perform marriages, divorce, and inheritance share.
In light of al-Adah muuakkamah.
Samin customs potentially become the law.
Customary habits that apply in an area can be used as a reference in Islam as long as they do not contradict Islamic shariAoa.
In Indonesia itself, this theory has been implemented in the Compilation of Islamic Law for determining joint property .
ono-gini Moreover, living law in the Samin community shows their morality and legal culture.
Samin community has accepted other rules for the sake of the sustainability of Samin itself.
If they do not accept the rules of the state, they will likely encounter many obstacles in carrying out daily activities.
Thus, at the same time, according to the theory of a semi-autonomous social field, they are simultaneously regulated in a large social field called the state which gives them no other choice than making alternative rules to maintain their existence.
Since the organization of mass marriage by the state, the Samin community has always been confronted with alternative systems of legal practice.
In fact, not all local customs contravene Islamic law.
However, the connection between Islam and adat in the Samin community has changed a lot over the course of history between supposedly adapting phase, open hostility, and skillful ideological The fact that both systems have provided unique frames of reference for objectifying agents to relate to while attempting to develop new ideas of local law, however, should not be disregarded.
The local law of the Samin community has undergone objectification and transformation caused by social and political interactions even though some Samin communities still try to preserve their customary law without considering other existing laws around them.
The intersection of the Samin community with the state and Islam put them as subjects to both state law and Islamic law at the same time.
Ulema play a role in social control over Samin customs al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
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considered contrary to Islamic ShariAoah.
In the objectification phase, the ulema and the surrounding community found that the religion adopted by a part of the Samin community is Islam.
They therefore feel responsible for straightening out customs contrary to Islamic law like the habit of nyuwito and borrowing wives.
From this point, it is clear that the state is engaging in three First, the negotiation of marriages is to be conducted at the Religious Affairs Office.
This negotiation is a transformation of the Samin family law that recognizes the state law as well as Islamic law.
This transformation of the Samin family law into local fiqh is based on a mystical style.
Based on the knowledge-power relations paradigm proposed by Michel Foucault, the power-owning state disseminates knowledge to the Samin community to register their marriages at the Religious Affairs Office.
Through normalization, the Samin community in Blora performs marriages at the Religious Affairs Office.
Second, marriage negotiations are based on Buddhism.
Third, the negotiation of marriage as penghayat kepercayaan .
The last two points are out of this current research focus that it lacks reliable data but provides chances for further relevant research Conclusion Discrepancies between state law and the preferences of the Samin community with regard to family law were shown in marriage, divorce, and reconciliation of inheritance disputes without involving the state.
This tendency leads to competing norms and conflicts with government officials and ulema.
The transformation of the Samin family law is found in the social relations of the Samin community with village apparatus in the settlement of inheritance, mass marriage, nikah wali hakim, and nikah through civil registration with the recognition of their beliefs by the government.
The research findings were that the Samin family law transformed into local fiqh based on mystical style, formal law based on Buddhism, and formal law based on belief in God.
We contend that politics has a real impact on the tradition of natural law theory which holds that law comes from God.
This research only focuses in the religious aspect of the Samin community in certain hamlets and cities.
There is a chance that the Samin community culture in other cities is different.
Therefore, we al-Ihkam: Jurnal Hukum dan Pranata Sosial, 19 .
, 2024: 126-150 The Legal Culture of Samin Community of Family Law in Central Java suggest other researchers explore another city with a big population of Samin or a strong Samin culture such as Pati.
Acknowledgment We express our gratitude to the Director and The Head of the sharah Law Study Program of the Postgraduate Program Universitas Islam Negeri Antasari Banjarmasin.
Furthermore, our deep gratitude is also expressed to the village authorities who are responsible for the Samin community in Central Java for their invaluable cooperation during the research and preparation of this essay.
Bibliography