Vol. 5, No. 6, June 2024

E-ISSN: 2723-6692

P-ISSN: 2723-6595

http://jiss.publikasiindonesia.id/

Journal of Indonesian Social Sciences, Vol. 5, No. 6, June 2024 1439

Palaku's Position in the Traditional Marriage of the Dayak

Muslim Community in Tewah District, Gunung Mas Regency

M Prayoga Hadi Kusuma

Institut Agama Islam Negeri Palangka Raya, Indonesia

Email: bangyogatv21@gmail.com

Correspondence: bangyogatv21@gmail.com

KEYWORDS

ABSTRACT

Palaku; Marriage; Custom

The Dayak Muslim community in Tewah District, Gunung Mas Regency is

sometimes quite burdensome for some men with the high value of the act

(maskawin) so that the prospective groom is not able to fulfil it, even

though this behaviour is chosen by the Tewah community as a legal

foothold in the marriage tradition. This research aims to focus on the

position of the perpetrators in the customary marriage of the Muslim

Dayak community in Tewah District, Gunung Mas Regency, the amount of

the perpetrators in the customary marriage of the Muslim Dayak

community in Tewah District, Gunung Mas Regency and the perpetrators

in customary marriage in Tewah District, Gunung Mas Regency are

determined in the form of land. This research includes empirical research

with the type of legal sociology. It is studied through a socio-legal

qualitative approach which is analyzed through the theory of Legal

Certainty. The results of this research are: the position of the perpetrator

in the Dayak customary marriage is first, the position of the perpetrator as

a dowry, second, the position of the perpetrator as a condition, third, the

position of the perpetrator as a symbol of self-esteem. The implications of

these findings are the need for a balance between traditional values and

the economic ability of the prospective groom, as well as dialogue to adapt

customary practices to current socio-economic conditions. This study

demonstrates the importance of flexibility and adaptation in traditional

practices to reduce excessive financial burden on individuals.

Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)

1. Introduction

Marriage is a condition that must be done by couples who want to build a family. So with a

marriage, the couple will be considered legitimate by the state and society. Indonesia as a country of

law, has rules that regulate marriage. Marriage Regulations are regulated in Law No. 1 of 1974

concerning Marriage. Based on Article 1 of Law Number 1 of 1974 concerning Marriage which applies

comprehensively to the people of Indonesia, marriage is a bond of birth and mind between a man and

a woman as husband and wife with the aim of forming a happy and eternal family (household) based

on the One Godhead (Hanifah, 2019).

Marriage according to Customary Law is a bond between a man

and a woman to form a household that is carried out in a customary manner by involving the families

of both brothers and relatives (Abadi, 2021).

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Marriage is an agreement (akad), but the meaning of the agreement here is different from the

agreement as stipulated in Book III of the Civil Code. Marriage is an agreement whose purpose is to

realize happiness between both parties (husband and wife), is not limited to a certain time and has a

religious nature (there is an aspect of worship), even though it is not a marriage if the inner birth

bond is not happy or the marriage is not eternal and not based on the One Godhead.

In general, based on Islamic law, marriage ceremonies are always accompanied by a series of

conditions and pillars of marriage that must be met. The pillars of marriage are part of the essence of

the continuity of marriage, something that must be there to determine whether a marriage is valid or

not. The pillars of marriage itself have 5, namely: the bride-to-be, the groom-to-be, the guardian of

the bride-to-be, two witnesses, and the shighat of the ijab of the wali and the qabul that is muttashil

with the ijab of the husband. Without the essence of the marriage or one of the pillars is defective, for

example, the groom or the bride or the guardian or the witness or the shighat, then marriage cannot

be carried out. The condition of marriage is something that is certain or must exist but does not

include the series, as well as dowry which does not have to be mentioned in the marriage contract

and does not have to be submitted at the time of the contract (Mahmudi, 2021).

Regarding dowry, according to Article 30 of the KHI, dowry must be paid by the groom to the

bride with the amount, shape, and type agreed upon by both parties. The obligation to hand over this

dowry causes the husband to sin if he does not hand it over. The obligation to submit this dowry is

contained in the words of Allah SWT. Q.S. An-Nisa Verse 4 that, "and give mascot (dowry) to the

woman (whom you marry) as a gift of willingness. Then, if they give you a part of it with pleasure,

accept it and enjoy the gift with pleasure."

So, based on the explanation above, it can be concluded that Islamic law does not regulate the

minimum value of a dowry, because the amount of a dowry is left to the agreement of the prospective

groom and the bride-to-be. As long as they agree, of course, the dowry is valid no matter how much it

is. The most important thing is not to make dowry a thing that makes marriage difficult

(Wirdyaningsih et al., 2020).

The purpose of dowry is to realize true love that will not be shaken even though life problems

come one after another, or even though there are often mistakes between husband and wife (al-

Bahrani, 2007).

The meaning of dowry if associated with traditional Dayak Muslim marriages in Central

Kalimantan is known as palaku. Palaku in the context of customary marriage is a maskawin. Palaku

(maskawin) is a payment intended for the bride that must be paid by the groom as a guarantee of life

for the bride later. Therefore, this act must absolutely exist and is the main condition of marriage from

the first (Telhalia, 2017).

In the past, the perpetrator was paid by handing over a balanga, which is a Chinese crock that

has a high value. If there is no balanga, it can be replaced with a garantung (gong). However, in the

next development, there was a shift in the value and shape of the hammer, which was in the form of

a piece of land. This land can be a vacant plot of land, or in the form of a rattan orchard, fruit orchard,

or rubber orchard (Puspitawati, 2019).

In later developments today, generally this behaviour is in the form of a piece of land. The value

of land in the traditional Dayak (maskawin) varies, depending on where the land is located. But

basically the value of this piece of land is quite large today. The problem is sometimes quite

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burdensome for some men with the high value of the behavior (maskawin). Basically, this palaku can

be cashed out, although most of these people choose the land to be used as a palaku.

Based on the description above, the author is interested in studying and researching further in

the article written in the form of the title: "The Position of Palaku in Traditional Marriage in the Dayak

Muslim Community in Tewah District, Gunung Mas Regency”

2. Materials and Methods

This research is qualitative research, employing a procedure that produces descriptive data in

the form of written or spoken words from people and observed behaviours. Kirk and Miller define

qualitative research as a particular tradition in the social sciences that fundamentally relies on

observations of people in their own region and relates to those people in their language and terms.

Data will be collected through in-depth interviews, participant observations, and document

analysis. Interviews will be conducted with various stakeholders, including community leaders,

married couples, and local officials, to gather diverse perspectives on the tradition of maskawin.

Participant Observation: Researchers will immerse themselves in the community, participating in and

observing daily activities and rituals related to marriage customs. This will provide a deeper

understanding of the context and nuances of the tradition.

Document Analysis: Relevant documents such as local regulations, historical records, and

community bylaws will be reviewed to understand the formal and informal rules governing the

practice of maskawin. Data Analysis: The collected data will be analyzed using a qualitative approach,

specifically thematic analysis, to identify common themes and patterns. The analysis will focus on

understanding the roles, perceptions, and impacts of the maskawin tradition on the community.

Validation: To ensure the credibility and reliability of the findings, triangulation will be employed by

cross-referencing data from different sources and methods. Member checking will also be conducted,

where participants review and provide feedback on the findings to ensure accuracy. This

comprehensive qualitative approach allows for an in-depth exploration of the social and cultural

dynamics surrounding the maskawin tradition in the Dayak Muslim community in Kecamatan Tewah,

Kabupaten Gunung Mas.

3. Results and Discussions

Definition of Palaku in Traditional Marriage

Marriage dowry in the people of Central Kalimantan is known as Palaku. Palaku is from the root

word "laku" which means to ask. Palaku means request. In the context of customary marriage, what

is meant by palaku is maskawin (Dlaifurrahman et al., 2023). The term palaku is a special term used

by the Dayak people in Tewah District. This maskaw is generally in the form of a piece of land given

by the husband at or before the marriage procession to the wife as a condition of marriage (Japar et

al., 2021).

The existence of the provision of a marriage act makes it a way of hadat or a condition to achieve

a goal, namely an ideal marriage in an indigenous society. Palaku plays an important role in Dayak

society related to traditional marriage because there is an obligation in terms of fulfilling the

behaviour imposed on the prospective husband (Ali & Jeandry, 2019; Rahman, 2022).

The understanding of the perpetrators in the Dayak community, in general, is more inclined to

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the term maskawin, this is not an exaggeration when viewed from the amount of property or objects

that are the object of the giving of the act, as well as the obligation to fulfil it, namely when the

perpetrator is issued by the prospective husband to the prospective wife which functions as a

condition for marriage, whose purpose is to be intended for the individual woman or her family as a

symbol of giving marriage (marriage portion) which similar to the mascot in Islamic law, which has

been received by the community in most areas with a parental kinship system (bilateral) in general

(Bakara et al., 2020).

1. Origin of Palaku,

About three hundred years ago in the village of Tumbang Miri, it is said that a couple named

Damang Nuhun and Nyai Rentai lived. They are descendants of Kajai in Tumbang Miri which is the

origin of Tetek Tatum. They both lead around 300 residents. His people are obedient and obedient to

both of them because they always think about the welfare and prosperity of their people. The news

of the arrival of the Dutch to this area to colonize received a strong challenge from the residents and

they were determined to eradicate it. To face all possibilities that happen. Damang Nuhun and his

wife invited their villagers to move to a new place where they could live safely. They moved to the

middle of the Riam Hiram area in Kahayan Hulu. The place is indeed strategic as a defensive fortress.

If people enter the upstream area of Kahayan, there is no other way but to pass through the mud,

where people have to walk along the rocks that emerge from the surface of the water which is very

hard and dangerous (Telhalia, 2017).

After this relocation of settlements, they rearranged their lives, arranged order and resistance

and regulated the order of their country's government. Daman Nuhun chose Tingang Mayan Uut

Kahacan and Karlawot Mating Uut Kaminting who were given the task of organizing and leading the

youth to work for defense and resistance against Dutch soldiers. Other residents are in charge of

providing food, taking care of livestock and making clothes. In essence, they have no difficulty

managing their household economy because of the natural and environmental factors that they can

take advantage of. Some time later Dutch soldiers came to this area by passing through Riam Hiram.

The soldiers could be expelled so that the population escaped Dutch colonialism and lived a peaceful

and peaceful life. A peaceful and peaceful life did not last long. This was not due to the arrival of the

Dutch but because of a misunderstanding between Demang Nuhun and his wife Nyai Rentai. His wife

was insulted by her husband's words, "Women cannot live without men and men cannot live without

women." Actually, this does not need to be a problem that causes division, because Damang Nuhun's

intention with his words is that we all need to always live in harmony, and need each other.

This misunderstanding turned out to be deeper and extended to all the children of the country

so it became a division that was difficult to overcome. As a result, the land of Riam Hiran was divided

into two, namely on the right side of the homecoming (upstream of the river) inhabited by men and

their cattle of the male sex, while on the left it was inhabited by women and female cattle. Their

possessions and tools of life are also divided in two. Damang Nuhun led the male side and Nyai Rentai

led the female side. However, they were able to live this new life situation well for three months. One

day livestock from the male village such as roosters, male dogs, bulls, and boars swam across Riam

Hiran to the women's village where the female livestock gathered. Likewise, finally, the men in the

man's village went en masse to the other side to reunite with their spouses and families, including

Demang Nuhun and Nyai Rentai. Demang Nuhun and Nyai Rentai then told people to gather to talk

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about the terms of marriage between two people of different sexes (Telhalia, 2017).

From this deliberation, several provisions in marriage were determined called Marriage

Customs. The provisions in question are: (Ani et al., 2019)

Marriage must be according to the bloodline.

When getting married, the man who came to the woman's house and paid Palaku was a dowry.

The receiving woman must hold a party to welcome the man.

Men and women who become husband and wife have the same rights and responsibilities in

fostering a household and offspring.

The party who causes the divorce over his marriage must bear and compensate for the marital

loss.

Then this customary provision was welcomed by all residents and since then the terms of

marriage and the responsibilities of husband and wife in fostering a household have begun to be

regulated, in accordance with the marriage customs that have been established until now.

Position of the perpetrator as a condition

One of the positions of the perpetrators in the customary marriage of the Dayak Muslim

community in Tewah District is as a condition, as mentioned by the subject stating that the behavior

in the customary marriage is very important because the behavior is the main condition in the

customary marriage that must be fulfilled by the man as a guarantee for the future of the couple. The

same thing is also mentioned by the subject that the act is very important because it is a condition

that must be given by the groom to the bride's side and it is also a guarantee for the woman and it

must be. The statement was also supplemented by a subject who said that it was important, because

this behavior is one of the main conditions in Dayak traditional marriage.

As mentioned by the subject above, the author can understand that there is one of the positions

of the perpetrators in the customary marriage of the Dayak Muslim community in Tewah District,

namely as a condition. Conditions are everything that needs or should be present (Demak, 2018). In

the marriage agreement of the Dayak Ngaju Dayak Ngju Central Kalimantan, there are eighteen (18)

conditions that must be met by the prospective groom, namely: palaku (dowry), saput, clothes,

garantung kuluk pelrim, balau singah pelrim, lilis turus perim, sinjang entang, lapik luang, duit lapik

ruji, timbuk ladder, pananan pananan pahanjean germ, uwan lid, rapin tuak, bedding, Bulau

Ngandung/Panginan Jandau Bangkang Lasung Sulau Garanuhing, Duit Turus and Batu Kaja (Demak,

2018). When the time comes for the groom to hand over the required objects through the Traditional

Road or meet the customary requirements, those are the objects handed over as the Traditional Road.

Subject H stated that the handover of the perpetrators was handed over at the time of the

customary marriage ceremony, which was carried out between the male and female parties which

was witnessed by the damang and also the local customary mantir as well as from the whole family,

both from the male and female sides. This statement was strengthened by Informant I that the

handover of the perpetrator was at the time of customary marriage. It was immediately handed over

during the traditional marriage ceremony. Everything is shown to the crowd. For example, we give

clothes, bahalai cloth, read by people at each point. For example, the gong was cashed in 300

thousand directly to the woman. For example, earlier the land was given a letter, after that a set of

cutlery and so on everything was given. In line with the submission of the padak if it is not submitted

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at the time of the traditional marriage ceremony, it will result in the cancellation of the marriage

because the main thing in the traditional marriage is the palaku, in the sense that this palaku is very

important in the traditional Dayak marriage.

The position of the perpetrator as a symbol of self-esteem

One of the positions of the perpetrator in the customary marriage of the Dayak Muslim

community in Tewah District is as a symbol of self-esteem, as mentioned by subject H117 states that

the behaviour is the most important among all the articles and requirements that must be met in the

customary marriage, from the male side to the female side because the behaviour is a symbol of the

self-esteem of a Dayak woman who will become the wife of a man.

As mentioned by the subject above, the author can understand that there is one of the positions

of the perpetrators in the traditional marriage of the Dayak Muslim community in Tewah District,

namely as a symbol of self-esteem. The Dayak tribe of the Tewah people has customs that must be

respected by any tribe, as well as Dayak girls who want to be proposed to by men must meet the

requirements for a Dayak customary marriage where men are required to give behaviour because it

is a symbol of the pride of a Dayak girl.

Reviewed from the theory of legal validity regarding the position of the perpetrator in Dayak

customary marriage is analyzed using the theory of legal validity. The factual or empirical

applicability in other mentions is the sociological applicability (soziologische geltung). Soziologische

Geltung is interpreted as the acceptance or enactment of law in society apart from the reality of

whether the legal regulations are formed according to formal requirements or not, in this case, it is

more looking at the reality in society (Sarira, 2019).

The things that are analyzed about the position of the perpetrator in the Dayak customary

marriage are in line with the theory of the validity of the law, namely in looking at the reality in the

Tewah community regarding the position of the perpetrator in the Dayak customary marriage is very

important, if there is no precedent, then the customary marriage cannot be carried out as well as the

dowry in Islamic law which must be present in marriage, this is in line with the opinion of the Imam

of the Maliki School. In Dayak customary marriage, the act is the most important main condition in

the Dayak customary marriage, if the main condition in the Dayak customary marriage is that the

marriage is not given by the male party, then the marriage becomes void/not carried out. This

hammer is also a symbol of the pride of a Dayak girl that must be appreciated. In the legal rules on

the position of the perpetrator in the Dayak Antara customary marriage, namely: the perpetrator

must be in the Dayak customary marriage, the main condition in the customary marriage that must

be given by the man to the woman, and a man who wants to marry a Dayak girl using Dayak custom

must respect the girl and the custom itself because of the behavior is a symbol of self-esteem. If they

are not fulfilled, then these laws apply.

4. Conclusion

From the description and discussion that has been presented in the previous chapter, the

results of this study can be concluded as follows: Based on the research conducted by the author, the

position of the perpetrator in the customary marriage of the Muslim Dayak community in Tewah

District, Gunung Mas Regency is first, the position of the perpetrator as a mascot that this behavior is

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the same as the dowry when the dowry is abolished by the prospective groom, the marriage cannot

be carried out or the marriage cannot be canceled as explained by the Imam of the Maliki School.

Second, the position of the perpetrator as a condition that the condition of the Dayak customary

marriage is the act that is the main condition if these conditions are not met, then the customary

marriage is canceled. Third, the position of the perpetrator as a symbol of self-esteem that the Dayak

tribe of the Tewah community has customs that must be respected as well as Dayak girls who want

to be proposed to by men must meet the requirements for a Dayak customary marriage, otherwise it

is considered an insult to the symbol of the self-esteem of a Dayak girl. The implications of these

findings are the need to pay attention to the balance between traditional values and the economic

ability of the prospective groom, as well as the importance of dialogue to adapt customary practices

to current socio-economic conditions. This study provides insight into the dynamics of customary law

in a modern context and underscores the importance of flexibility and adaptation in traditional

practices to reduce excessive financial burden on individuals

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