Kalosara sebagai Simbol Legitimasi Hukum dalam Perkawinan Adat Tolaki

Abstract

The existence of Kalosara not only functions as a cultural symbol, but also as a customary legal institution containing norms, sanctions, and moral values. Every Tolaki traditional marriage procession cannot be declared valid before there is customary ratification through the existence and use of Kalosara. Thus, this symbol functions as a "legitimation tool" in the unification of two families, as well as a medium for strengthening applicable customary legal norms. In social development and modernization, there has been a shift in the meaning and function of Kalosara in the context of contemporary society. The application of national law through the Marriage Law often creates overlap with long-standing customary norms. Many Tolaki people, especially the younger generation, have begun to view Kalosara only as a symbolic aspect of culture and no longer as a source of legal legitimacy. The study aims to uncover the philosophical meaning behind the Kalosara symbol and analyze its role and position in the customary legal system that exists in society. The research approach in normative research focuses on a review of literature and regulations related to the topic. Legitimacy of marriage stages based on the culture of the Tolaki indigenous community in Southeast Sulawesi: meitro/monggolupe (seeing the prospective wife), monduutudu (proposal), mowawo niwule (proposing), and mowindahako (handing over customary property)