Customary Law of Marlualua (Elopement) in Simalungun Ethnic

Abstract

Marlualua is elopement carried outby a man and a woman under mutual agreement due to lack of blessingsfrom the parents of one or both parties. Despite its definition, marluala is still legal in Simalungun ethnic, as long as they follow the procedure and mechanism in the customary law ofmarlualua. Therefore, marlualua is not animpromptu marriage, or a crime for abducting someone, as commonly thought. The purpose of this article is to details the process and mechanism of marlualua under customary law of marriage in Simalungun ethnic, and describe how marlualua is legal in Simalungun customs. Research is conducted with qualitative approach by digging literature resources and interviewing several figures ofSimalungunethnic. The author concludes that marlulua is a solution from customary law of Simalungun ethnic for couples who are firm in their decision to proceedwith their marriage, despite the disapproval from their parents. With marlualua, the responsibility to carry outwedding ceremony is not held by the parents, but it is transferred to the couple, and by following the process and mechanism of marlualua, their marriage is legalunder the customary law of marriages in Simalungun ethnic.