Problematics of Guardians in Marriage (Case Study of Transfer of Nasab Guardian to Guardian Judge in Nuangan District, East Bolaang Mongondow Regency, North Sulawesi)

Abstract

Transfer of nasab guardian to judge guardianif you look at the reasons, namely the guardian of the judge can only act as guardian of the marriage if the guardian of the lineage does not exist or is unable to present him or the place of residence is not known or is unseen or 'is or is not. However, in Nuangan District, East Bolaang Mongondow Regency, North Sulawesi, there is consent and consent in a marriage by the judge's guardian because there is an assumption that if there is a guardian, the marriage is considered valid, in the sense that the one who is marrying is the judge's guardian himself, who has been entrusted with guardianship by lineage guardian. However, the wedding was attended by the guardian of the lineage or the bride's own family. This shows that there are separate reasons for the guardians to give guardianship to the judge's guardian.

This research is a field research using a sociological approach. The theory contained in this is structural-functional theory, which is a concept of sociological theory from Talcott Parsons. The nature of this research is descriptive-qualitative. Data collection techniques using three methods, namely observation, interviews, and documentation.

The results of the study of the authors found that there were four driving factors regarding the transfer of a nasab guardian to a judge's guardian in Nuangan District, Bolaang Mongondo Timur Regency, North Sulawesi, namely (1) The nasab guardian did not exist or was far away, (2) Women who wanted to marry converts, (3) Children out of wedlock and (4) His family guardian is incapacitated.