Relasi Kuasa dan Ketimpangan Gender dalam Tradisi Larangan Pernikahan Marga Sama di Suku Batak: Kajian Sosio-Legal

Abstract

This study examines power relations and gender inequality within the tradition of prohibiting marriage between individuals of the same clan (semarga) in Batak society, highlighting how this customary norm reflects a patriarchal social structure and impacts women’s positions. The central issue addressed is how this customary rule functions not only as a mechanism for preserving lineage and cultural identity but also as a form of social control that places women in a subordinate position. The aim of this research is to analyze the dynamics of power within Batak customary structures, to explore the social, legal, and psychological implications for women who violate the prohibition, and to evaluate the responses of customary and state institutions to this phenomenon. The study employs a socio-legal approach with a descriptive qualitative analysis. Data were collected through literature studies and interviews with customary leaders, religious figures, and Batak women involved in same-clan marriage cases. The analysis was conducted interpretively using a feminist perspective to reveal power relations embedded in customary structures. The findings indicate that the prohibition on same-clan marriage is rooted in the patrilineal system and Dalihan Na Tolu, which reinforce male dominance in customary decision-making processes. Women who violate this prohibition often face social stigma, legal uncertainty, and psychological pressure, despite emerging resistance from younger generations who are more critical of patriarchal norms. This study underscores the need for customary legal reform that is more responsive to gender equality and human rights values within the context of contemporary Batak society.