Lidwina Tuto Ladjar, . (2026) ANALISIS YURIDIS TRADISI BELIS DAN REKONSTRUKSI PERJANJIAN PERKAWINAN UNTUK KEPASTIAN HUKUM DI NUSA TENGGARA TIMUR. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
Belis was originally practised in the customary marriage of East Nusa Tenggara not as a price but as a mark of respect towards women and as a knot binding two families through the principle of reciprocity. Economic pressure and social change have since shifted the centre of gravity of this tradition among customary communities across East Nusa Tenggara. What was once symbolic has moved towards an economic and transactional function, so that belis is now read as a measure of social status and has turned into a financial burden. The legal problem grows out of the nature of the agreement itself. Because it is typically sealed only orally, a belis agreement is almost impossible to prove once an engagement is broken off or a marriage ends in divorce. This study pursues two aims. The first is to trace the direction in which the value of belis is shifting and to assess its consequences for the architecture of marriage law. The second is to construct a legal proposal that places the belis agreement inside the instrument of a marriage agreement. The research rests on a normative legal method and applies three approaches at once, namely a statutory approach, a conceptual approach, and a case approach, complemented by factual material drawn from media reporting, public expression in digital spaces, and interviews with informants from East Nusa Tenggara as a depiction of law in action. The findings show that belis is not moving towards extinction. It stands instead at a critical juncture of value transformation, a condition that calls for a legal response rather than abolition. The normative vacuum concerning the legal standing of belis, its restitution, and breaches of the agreement can be addressed by formalising the agreement into a marriage agreement deed under Article 29 of Law Number 1 of 1974 following Constitutional Court Decision Number 69/PUU-XIII/2015. The belis agreement is shown to satisfy the requirements of Article 1320 of the Indonesian Civil Code, so that its formalisation may proceed through the principle of freedom of contract as limited by Article 1337. The reconstruction runs in two continuous stages, namely customary deliberation and formalisation into an authentic deed, so that belis attains legal certainty without losing its cultural meaning.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Additional Information: | [No. Panggil: 2210611064] [Pembimbing: Taufiqurrohman Syahuri] [Ketua Penguji : Dwi Aryanti Ramadhani] [Penguji 1: Kayus Kayowuan Lewoleba] [Penguji 2: Taufiqurrohman Syahuri] |
| Uncontrolled Keywords: | Belis, Marriage Agreement, Customary Law, Legal Reconstruction |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | LIDWINA TUTO LADJAR |
| Date Deposited: | 01 Sep 2026 02:32 |
| Last Modified: | 01 Sep 2026 02:32 |
| URI: | http://repository.upnvj.ac.id/id/eprint/53628 |
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