Title: The practice of Bakupiara or living together outside marriage related to the enforcement of Minahasa customary law today

Authors: Jemmy Sondakh

Addresses: Faculty of Law, Sam Ratulangi University, Indonesia

Abstract: Bakupiara, or cohabitation outside legal marriage, has been practiced in Minahasa for generations, particularly among the lower middle class in coastal areas. Despite efforts to eradicate it through Christian influence and legal marriage registration, Bakupiara persists. This practice results in children born outside of wedlock, unrecognised by positive law. The study examines local government policies in managing Bakupiara through a normative legal approach, focusing on Minahasa Regency and Manado City. Findings reveal two types of Bakupiara: overt, tolerated by customary law, and clandestine, which is not. Children from these unions face inheritance disputes due to differing legal statuses. Local governments address Bakupiara through direct supervision in boarding houses and mass marriage programs. Ultimately, Bakupiara has legal consequences, affecting the recognition of marriage by both religion and state, as well as the status of children born from such unions.

Keywords: Bakupiara; local government policy; Minahasa customary law.

DOI: 10.1504/IJPLAP.2026.152768

International Journal of Public Law and Policy, 2026 Vol.12 No.2, pp.211 - 225

Received: 01 Jun 2024
Accepted: 15 Sep 2024
Published online: 10 Apr 2026 *

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