Harmonization of Positive Law as A Value System with Law as Social Reality: A Case Study of the Culture of Kawin Tangkap (Piti Rambang) in Southwest Sumba, East Nusa Tenggara

The phenomenon of kawin tangkap (piti rambang) in Southwest Sumba is essentially a sacred customary tradition symbolizing the union of two families. However, over time, this practice has been distorted, often carried out without the woman's consent and even accompanied by acts of kidnapping, confinement, and forced marriage. This shift in meaning has given rise to a conflict between customary law as living law and Indonesian positive law, which emphasizes the importance of free consent, the protection of women's rights, and the prohibition of all forms of violence, as stipulated in the TPKS Law and the Human Rights Law. This study focuses on three main areas is a concrete description of kawin tangkap, factors driving the practice of kawin tangkap, and strategies for harmonizing customary norms and national law. The methods used are normative legal research through legislative approaches, conceptual approaches, and case studies. The results show that cases occurring between 2020 and 2023 have relatively similar patterns of violence, namely, the forced removal of victims, confinement, and forced customary proposals. The main causal factors are related to legal factors such as legal substance, legal structure, and legal culture. Non-legal factors also contribute to the shift in the meaning of kawin tangkap practices, such as patriarchal culture, economic motives, and social status. This research confirms that kawin tangkap are a violation of the law and a form of gender-based violence. Harmonization efforts can be implemented through the development of Regional Regulations that eliminate coercion, strengthening dialogue between the government and traditional leaders, and increasing public legal awareness through human rights education. These steps are expected to maintain positive cultural values without sacrificing women's rights and dignity.