Negosiasi dan Resolusi Konflik dalam Penetapan Uang Panai’ dan Jujuran pada Perkawinan Bugis–Banjar dalam Perspektif Pluralisme Hukum

Abstract

This study aims to analyze the practice of legal pluralism in determining uang panai’ and jujuran in Bugis–Banjar marriages, the forms of conflict that arise, and the mechanisms of negotiation and conflict resolution employed by the parties involved. This research adopts a qualitative approach using a normative-sociological method through the perspectives of sociology of law and legal pluralism theory. The findings indicate that the practices of uang panai’ and jujuran represent a form of strong legal pluralism, demonstrating the simultaneous operation of two customary legal systems within a single social sphere. Legal pluralism in this context is reflected not only in the coexistence of two distinct customary traditions but also in the interaction, contestation, and negotiation between the Bugis and Banjar customary legal systems, both of which possess social legitimacy within the community. Differences in value orientation between uang panai’, which is based on social prestige, and jujuran, which is oriented toward economic capability, constitute the primary source of conflict. These conflicts are subsequently resolved through non-litigation mechanisms, including family negotiations, customary deliberations, and informal mediation by customary and religious leaders. Nevertheless, these resolution mechanisms tend to be compromise-oriented and have not fully addressed issues of unequal burden distribution and substantive justice. Therefore, legal pluralism in Bugis–Banjar marriage practices not only reflects local cultural diversity but also presents challenges in the form of normative conflicts, contestation of customary authority, and social legal uncertainty.