Bekasi City Court Implements Batak Customary Institutions As Referrals

The dalul of Batak customary law is considered irrelevant in deciding divorce cases. (photo: instagram)

JAKARTA - The District Court (PN) of Bekasi City, West Java, was considered wrong when applying the rules of the Batak customary institution, Dalihan Natolu, as an argument in adjudicating divorce cases. This is considered contrary to Law No. 1 of 1974 concerning marriage.

According to Raja Tahan Panjaitan, as attorney for JS, one of the plaintiffs in the divorce case, the Bekasi City District Court had previously rejected his client's claim because it had not been through (the Batak traditional institution dalihan natolu), so this was considered very odd.

"I am disappointed and this is clearly against the prevailing law. Because traditional institutions are higher than the law," he told reporters in Bekasi, Saturday, November 6.

Therefore, Raja Tahan Panjaitan said that Batak culture or custom adheres to the principle that someone who is married, but has not carried out traditional ceremonies or paid customs, cannot claim customary rights, or vice versa, so where is the legal basis for customary institutions as a reference in divorce.

"This is tantamount to injuring the applicable law and misleading justice seekers," he said.

The king explained that the Batak traditional institution, Dalihan Natolu, is known to the Batak people to position the rights and obligations of each of the invitees in traditional events. He was also surprised by the connection that refers to divorce having to go through a customary institution by the district court in Bekasi.