Tradisi Lokal dan Inovasi Hukum: Upaya Harmonisasi dalam Pencegahan Kekerasan Seksual di Kabupaten Sidrap

Abstract

Marriage in the Passampo Siri' practice is contrary to the provisions contained in the Sexual Violence Crime Law (UU TPKS), because the marriage carried out often excludes the consent of one of the parties to be married. The TPKS Law regulates that child marriage is a forced marriage, whereas in the Passampo Siri' practice the victim is often still a child, so this is the conflict between the Passampo Siri' practice and the TPKS Law. This research aims to identify the practice of Passampo Siri' from the perspective of the TPKS Law and to describe the concept of antithetical harmonization through anti-litigation channels in resolving the incompatibility of Passampo Siri' local wisdom with the TPKS Law in Sidrap Regency. This research uses a qualitative method through an in-depth interview process with an unstructured interview type with 14 sources and Focus Group Discussion (FGD) through purposive sampling with 6 sources. The data analysis techniques used are content analysis and argumentative descriptive analysis. The results show that the Passampo Siri' practice is contrary to the TPKS Law. Apart from that, forced marriages in the Passampo Siri' practice can be resolved through deliberation while still paying attention to the values and norms that exist in society to achieve harmonization.