PERTUNANGAN SEBAGAI REALITAS SOSIAL DAN KONSEKUENSI HUKUMNYA (TINJAUAN SOSIO-LEGAL TERHADAP HUKUM PERDATA INDONESIA)

Abstrak

Engagement is a living social practice widely observed in Indonesian society, yet it remains largely unregulated within the formal legal system. While it does not constitute a legally binding agreement like marriage, engagement often creates strong social expectations, familial bonds, and moral obligations that may result in tangible harm when unilaterally broken. This absence of legal recognition reflects a gap between social norms and the formal legal structure. This study aims to analyze engagement as a social reality with legal implications in the context of Indonesian civil law. Using a socio-legal approach, this research explores the relationship between the social practice of engagement and the (nonexistent) legal framework that governs it. The findings reveal that engagement operates as part of the living law—norms that are socially binding but lack formal codification—yet the law fails to provide adequate remedies in cases of broken engagements. The study further argues that a progressive and responsive legal framework is necessary to bridge the disconnect between formal law and evolving social realities. This includes the recognition of engagement as a legal construct with limited legal consequences and protections, particularly for vulnerable parties such as women. Ultimately, this research calls for reform in Indonesian civil law to better accommodate social practices and promote substantive justice.