Childcare in Lampung Saibatin Indigenous Community from the Perspective of Mubadalah and its Contribution to the Development of Family Law in Indonesia

: This article examines childcare in the Lampung Saibatin indigenous community from the perspective of mubadalah and its contribution to the development of family law in Indonesia. This research is field research or filed research conducted in the Lampung Saibatin indigenous community in Lampung Province, conducting interviews with Lampung Saibatin traditional leaders and Lampung Saibatin indigenous people, analyzed qualitatively using the theory of mubadalah. The results of the study show that the Lampung Saibatin indigenous community has a pattern of childcare carried out by the mother, but as time goes by there are already some parents who have implemented that in childcare is carried out jointly by both parents. The existence of care that is dominated by the mother because the father earns a living for the needs of the family, on the other hand there is a classic paradigm that the wife's job is to take care of the house and children while the husband works. In this digital era, it is expected that childcare is carried out jointly, father and mother proportionally, so that this research contributes to campaigning for balanced parenting or mubadalah between father and mother. At the same time as an effort to educate the Lampung Saibatin community who still have a classic paradigm that emphasizes the dominance of childcare only to the mother, so that they can slowly change the paradigm into childcare that has a more balanced value of mubadalah between the father and mother.

parenting patterns are closely related to the familial role in the home related to the delivery of emotions and empathy, as well as practical matters.(Herviana Muarifah Ngewa, 2019) Therefore, the role of both parents is needed to care for children, so that children get perfect care from both parents.The academic problem in this study is that researchers found the perception of some people, especially in the Lampung Saibatin Indigenous community in Lampung Province, who have the view that children are the responsibility of the mother, while the father is understood as a breadwinner, so that it can have implications for the imperfection of parenting to children.Then in modern times children have used gadged or digital devices and can use social media, games, and can access online sites freely, so that the use of technology needs supervision and control from both parents, in order to minimize the harm caused by technological developments at this time.
Research that is relevant to this article, a dissertation written by Wahyuni, the results of the study show three main aspects: first, intergenerational childcare in the era of network society faces the challenge of change.The older generation is faced with a new reality of the younger generation, where the values of the older generation are often not applicable or cannot be fully accepted by the younger generation.Second, parenting as part of the family function must continue in various situations.Negotiation between generations is a solution, where at certain moments the older generation must give in or choose to adjust.Third, the younger generation has been changed by the flow of information and technology which is a consequence of globalization.Meanwhile, the older generation continues to try to maintain the old value system that they believe in.Intergenerational parenting becomes more visible as a dialogue of two different value systems; old and new which continuously interact, influence each other and play their respective roles.(Wahyuni, 2021).Then the article written by Komsi, D. N., The results of this study are the significant contribution of parental parenting variables and self-control to learning motivation.However, the self-concept variable does not partially contribute to learning motivation.(Komsi, D. N, 2018).
Then the article written by Pahlevi, R., & Utomo, the results showed four research findings.First, in an effort to foster children's character, democratic parenting can be used by parents as a tool in educating children.Second, in an effort to foster children's character, the step that parents must take is to create a family with character.Third, the character values that parents instill in their children include honesty, care/empathy, independence, discipline, responsibility, hard work, simplicity, courage, fairness, patience, religion, tolerance, leadership.Fourth, the strategies that people use in an effort to overcome children's character problems can use methods of supervision, rules and punishment.The contribution of the results of this study can be used as enrichment material in both theoretical and practical reviews regarding the study of the role of parents in shaping character in their children.(Pahlevi, 2022) then the article was written by Agus Hermawan, the results of the research Parenting in the family is a parent's effort in fostering children and guiding children both in soul and body from birth to adulthood (18 years).The goal is to create self-control in children to stay on a good and right path normally through a series of teaching, guidance and direction and self-control efforts.Parenting must be understood by parents in order to be able to care for their children properly.Parenting has two important elements, namely: (1) parental responsiveness and (2) parental demandingness, while there are several parenting patterns in the family, namely: democratic patterns, authoritarian patterns, and permissive patterns (Hermawan, 2018).
The difference and novelty in the research is that no research has been found on childcare in Lampung Saibatin customs, which is then analyzed using the theory of mubadalah, so that its contribution to the development of family law in the field of childcare can be known.Based on these arguments, this article will examine childcare in Lampung Saibatin customary society from the perspective of mubadalah and its contribution to the development of family law in Indonesia.

B. Research Methods
The type of research in this article is field research, which is carried out in the Lampung Saibatin community in Lampung Province.The method used is a qualitative method, which analyzes childcare in the Lampung Saibatin indigenous community from the perspective of mubadalah.Data collection techniques through three aspects, namely, observation, interviews and documentation, the three aspects are carried out on the Lampung Saibatin community in Lampung Province.Data analysis techniques use inductive thinking, using the theory of mubadalah.

Profile of Lampung Saibatin Indigenous People
Saibatin means one heart or having one lord.This is in accordance with the social order in the Saibatin Tribe, there is only one customary king in each generation of leadership.Saibatin culture tends to be aristocratic because customary positions can only be inherited through bloodlines.Unlike the Pepadun Tribe, there are no certain ceremonies that can change a person's social status in society.(https://indonesiakaya.com/pustaka-indonesia/masyarakat-adatlampung-saibatin/) Saibatin means one heart or having one lord.This is in accordance with the social order in the Saibatin Tribe, there is only one traditional king in each generation of leadership.Saibatin culture tends to be aristocratic because customary positions can only be inherited through bloodlines.Unlike the Pepadun Tribe, there are no certain ceremonies that can change a person's social status in society.(Herviana Muarifah Ngewa, 2019) The traditional title in Lampung society is called Adok, which is a title of honor to a person who has grown up and has a household that is formalized through traditional ceremonies in front of traditional leaders and relatives.(Ahmad Zarkasi, 2014, 86) Adok is a title for the title of nobility in Lampung or in simple language, the blue blood of Lampung people (either in Jurai saibatin / coastal or pepadun / marginal).
Lampung people, especially saibatin, in their daily lives are called according to their position in the custom called Petutughan.

Childcare in Indonesian Positive Law
Parenting is the task of guiding, leading, or managing.According to Darajat, parenting means educating and maintaining children, taking care of their food, drink, clothing, and success in the first period until adulthood.Parenting is the process of educating children from birth until the child enters adulthood.This task is generally carried out by mothers and fathers (biological parents).However, if biological parents are unable to provide care, the task can be carried out by close relatives including siblings, grandmothers and grandfathers, adoptive parents, or by institutions such as orphanages (alternative care).Furthermore, caregiving includes a variety of activities aimed at enabling children to develop optimally and survive well, and to accept and be accepted by their environment.(Putrawan Jaya Ningrat, 2023).
Parenting is all forms and processes of interaction that occur between parents and children that can influence personality development.Parents in particular to provide guidance and assistance in every day, for example by providing guidance on morals, ethics, character and role models so that children inherit a commendable and polite attitude.(Ratna Megawangi, 2003) Article 45 paragraph (2) of Law No. 1/1974 on Marriage stipulates that the obligation of both parents in maintaining and educating their children is until they can stand on their own.This article talks about guardianship in the education and maintenance of children, or hadanah.(Abdul Basith Junaidiy, 2017) Moreover, Article 47 paragraph (1) confirms that children who are not yet 18 years old or not married, remain under the authority of their parents as long as they are not deprived of their authority.And paragraph (2) states that the parents represent the child regarding all legal actions inside and outside the Court.This article relates to guardianship of the child.
Article 48 states that parents are not allowed to transfer rights or mortgage fixed assets owned by their children who are not yet 18 (eighteen) years old or have never entered into marriage, unless the interests of the child require it.This article relates to guardianship of the child's property.(Abdul Basith Junaidiy, 2017) Article 156 of the Compilation of Islamic Law (KHI) letters a and b confirm the general provisions agreed upon by the fuqaha regarding who is entitled to perform hadanah on children.(Compilation of Islamic Law) Letter a of the article states: children who are not yet mumayyiz are entitled to get hadanah from their mother, while letter b states: children who have mumayyiz are entitled to choose to get hadanah from their father or mother.KHI also regulates the order of who is entitled to perform hadanah if the mother has died.In letter a of the article there is a continuation: unless the mother has died, then her position is replaced by : a) women in a straight line upwards from the mother; b) the father; c) women in a straight line upwards from the father; d) sisters of the child concerned; e) women relatives in the sideways line from the mother; f) women relatives in the side line from the father.
Article 49 paragraph 1 of Law No.1 of 1974 Concerning Marriage states: (Law No.1 of 1974) One or both parents may be deprived of their authority over one or more children for a certain period of time at the request of the other parent, relatives in the straight line upwards and adult siblings or an authorized official, by a decision of the Court in such cases: a) she is severely neglecting her duties towards her child; b) she has behaved badly.
The article is then strengthened by KHI article 156 letter c which states: if the hadanah holder is found to be unable to ensure the physical and spiritual safety of the child, even though the costs of nafkah and hadanah have been fulfilled, then at the request of the relative concerned the Religious Court may transfer the right to hadanah to another relative who has the right to hadanah as well.(Compilation of Islamic Law).
The regulation of children's rights exists in several laws of the Republic of Indonesia, the State guarantees and must fulfill the basic rights of children which include the right to health, the right to growth and development, the right to protection, the right to care and the right to adequate education.(Mulya Kusuma, 2004, 23)

Islam Construction of Childcare in Islam
Etymologically al-hadanah is taken from the word al-hidn, which means rib, namely gathering to the rib.Then the word Hadanah is used as a term with the meaning of childcare.It is interpreted as such because a mother who cares for or carries her child, often puts on the rib or in the lap of the mother's rib side.(Wahbah Zuhaili, 1989, 717) Child rearing is basically the responsibility of both parents.This includes various things: economic issues, education and everything that is the basic needs of the child.In Islam, economic responsibility falls on the shoulders of the husband as head of the household, although it does not rule out the possibility that the wife can help the husband in bearing these economic obligations.Therefore, the most important thing is cooperation and help between husband and wife in maintaining and bringing children to adulthood.(Ahmad Rofiq, 2015, 189) Based on the above narrations, it appears that hadanah is the right of the mother and not the father (Habib Sulthon Asnawi, 2011).Consequently, analogically (qiyas), the women take precedence over the men and the mother's relatives take precedence over the father's relatives.However, the right to hadanah given to women must be based on a mahram relationship.This is because only kin-mahram relationships are the basis for rights and duties in many shar'i matters.This relationship is stronger and more affectionate.Therefore, this relationship is the reason why it is forbidden to enter into a marriage contract.In fact, al-Kasani stated that the main basis of hadanah is affection, and the relative who has a mahram relationship is the one who has the greatest affection (Abu Zahrah, 1957, 475).
Although the fuqaha agreed in principle to give precedence to the mother and her relatives over the father and his relatives, they differed on the details of the order of the hadinah/hadin based on benefit.In conclusion, the order of caregivers from the mother's side is as follows : Hanafiyah: mother, mother's mother, father's mother, biological sister, mother's sister, daughter of biological sister, daughter of brother, father's sister and asabah according to the order of inheritance.
Malikiyah: mother, maternal grandmother, maternal sister, maternal grandmother and so on, sister, father's sister, daughter of a brother, the person who was given a will, and the most important asabah.
Shafi'iyyah: Mother, mother's mother, father's mother, sister, mother's sister, brother's daughter, sister's daughter, father's sister, and all asabah heirs who are related to the mahram and can inherit like the Hanafiyyah.
Hanbalis: Mother, mother's mother, father's mother, grandfather, grandfather's mother, biological sisters, sisters of the same mother, sisters of the same mother, sisters of the same mother, sisters of the same mother, sisters of the same father, sisters of the father, sisters of the mother's mother, then the sister of the father's mother, the sister of the father's father, the daughter of the uncle of the father, then the nearest asabah.(wahbah Zuhaili, 1989, 722) Parenting in the perspective of Islamic monotheism is not a process of servitude of parents to children, but rather a process of binding themselves to a partnership agreement (zawaj) between them.By getting married and starting a family, each of them remains a servant to Allah alone.No one should be a servant to the other.So that the relationship with each other that must be built is alignment for happiness (sakinah), goodness (sholaah) and welfare (falaah).That is a relationship that fosters mutual love (tahaabub), mutual help (ta'aawun) and mutual service (mu'asyarah bil ma'ruf).Between husband and wife.And between parents and children.In parenting in a ma'ruf manner.Islamic Family Law, thus, must translate the perspective of kuhaidan that leads to a relationship of equality between husband and wife, as well as parents and children.(Kodir, 2019, 95)

Childcare in Lampung Saibatin Indigenous Community
Lampung people from both Pepadun and Saibatin customs have a philosophy of life system that has become the cultural identity of Lampung tribes in their social life (Habib Sulthon Asnawi., 2023).The philosophy of life of Lampung people is known as Piil Pesenggiri.Piil Pesenggiri is a combination of the original values of Lampung people sourced from the teachings of the Kuntara Rajaniti, Keterem and Cempala books combined with Islamic teachings, because Piil Pesenggiri was formulated in connection with the plan to establish an Islamic sultanate in the Lampung area.As a society that previously existed and had its own culture before the Islamization process occurred, the Lampung people already had their own philosophy, namely Piil.(Fernanda, 2020) In interviews with several Lampung traditional leaders in several West Lampung chiefdoms, they agreed that piil pesenggiri is a sense, in the saibatin custom it means principles and self-esteem that cannot be changed, in the saibatin custom this principle is very much maintained.In the saibatin custom, piil pesenggiri is addressed by being wise in giving mandates, so that the feelings they have for us are not destroyed (Nawawi, 2022).Piil pesenggiri aims to maintain self-esteem.Regarding childcare patterns, they agree that the mother is more dominant in childcare while the father earns a living, but the father still participates in taking care of the child so that the child does not lose moments with his father, for more details, it will be presented as follows: 1. Yudhistira King's Title Junjungan Paksi, explained the role of husband and wife in Lampung Saibatin custom that the man is the leader in the household and the wife as a housewife as in general in accordance with religious law.Meanwhile, the position of children follows the position of their parents and morally, the rights of both parents are responsible for their upbringing, but the emphasis is on the wife.In addition, he also explained that the assumption of the general public which explains that childcare is only the obligation of the mother, while the father is only a breadwinner is true and that according to him until the 19th generation, but for now gender is still held, but does not limit the wife if she wants to be creative or have a career.However, no matter how successful the wife is, when she returns home, she is responsible for household affairs and dominant childcare.(Yudhistira, 2023) 2. Anton Cabara, Raden Menang Betanding: In daily life, the role of a wife is to take care of children as taught in Islam.While the father earns a living and is not obliged to take care of the child compared to the role of the wife who can be more perfect in her obligations.However, it goes back to the economic status of each family, if the status is established then parenting will be done together.If the economy is still unstable, the husband is the backbone and provides for his wife and children, while the mother takes care of the child because the child's education will be more perfect if educated by the mother than the father.Given that this is a modern era, every child can freely access the site widely.There are provisions for a child in Lampung Saibatin Custom, especially the eldest male child who will continue his parents' leadership.(Anton Cabara, 2023) He also said that in his opinion regarding childcare the wholeness of the family because there are father and mother and children, both parents must collaborate with each other in childcare.3. Rikardo Batin Title: Given that the current era is a modern era, every child can freely access the site widely.He also added that both parents should be able to get closer to the child, because with that the child feels cared for so that it has an impact on family communication patterns so that it makes it easier for both parents to communicate to children and in childcare should be done together.However, there are still ordinary people who still apply childcare where the burden of care is only on the mother.(Rikardo, 2023) 4. Putrawan Jaya Ningrat Prince Suntan Title Dalom Simbangan Queen: The responsibility for childcare in the family in Lampung Saibatin Custom is dominated by the wife not the husband, because the husband earns a living, but with the progress of the times today the husband can help the wife in taking care of the child, so that the child does not lose the moment with the father.Moreover, both parents must be together in caring for the child, but the mother is more dominant.(Putrawan Jaya Ningrat, 2023) 5. Eko Saputra Dalom Title The King's coach: The role of husbands and wives in the household in Lampung Saibatin Custom, that the husband is a worker or earns a living while the wife takes care of the house and the main role in childcare while the husband is a supporting role, because the father's time is more used in earning a living.The husband does not have an obligation to take care of the child, but as the times develop the husband has an important role in helping to take care of the child, this is necessary so that the child does not lose a father figure.Because at this time now the role of both parents is very important in caring for children and can affect the growth and development of children.Given that the current era is a modern era.(Eko Saputra, 2023) While what happens in the Lampung Saibatin customary community varies quite a lot depending on the conditions and agreements in each household, some apply that the husband and wife agree to be together in terms of child management, some also apply that the father only earns a living while the care is fully left to the mother, besides that there are also those who apply that the father and mother are together according to their respective portions, in terms of child management more dominant to the mother because the father is more dominant in earning a living.asresearchers found from community interviews: 1.Mrs. Ria, a community member of Batu Berak Subdistrict, said that childcare in the custom as understood is in the full control of the mother, with the husband's job being to earn a living, working and gardening for the family's sufficiency.On the other hand, Lampung Saibatin customs women are the holders of an important role in the care of their children, so childcare is more dominant.(Ria, 2023) 2. Ms. Nera, from the Bejalan Diway community, said that women in Lampung generally take care of the household, so childcare is dominated by the mother.
As is the culture of the Liwa community, husbands work in gardens or other full-time jobs and sometimes even stay overnight in the garden, so they don't come home for a few days.(Nera, 2023) 3.Mrs. Maryam, a resident of South Krui, said that the dominance of women in caregiving is common, according to the community's understanding, a mother is tasked with only taking care of the house and children, while the husband works for the family.(Maryam, 2023) 4. Mr. Yonizar, a resident of Way Krui, said that basically a mother's job is to take care of the children and the household.Even if a mother works, she should not neglect her children, so that the responsibility is inherent.This is because Islam teaches this.As a father, he works to provide for the family.Working sometimes goes home at night and can even not come home for several days.(Yonizar, 2023) 5.Mr. Rama, a resident of Kampung Jawa, said that in general, working men are responsible for fulfilling their livelihoods, while wives take care of the household and children at home.Regarding women who work as long as they do not neglect their responsibilities as a wife, there is no problem, because the wife's main task is to take care of the household and children.(Rama, 2023) Based on the above arguments, childcare in the Lampung Saibatin Community still gives dominance to the mother, on the grounds that it is the mother who is responsible in the family, such as taking care of the husband and taking care of the child.On the other hand, the husband's job is to ensure that the family's needs are met, so he spends his time working outside the home.However, in this era, if a wife works as an employee or employee, then she is welcome, but when she comes home from work, she returns to her duties as a mother in taking care of children.
The development of science and technology at this time has made the world seem borderless, various kinds of virtual communication activities throughout the world.(Tritularsih, 2017) This has resulted in changes in the way humans think, live, and relate to one another so that the use of the internet in family life will increase.The use of digital media in the family does not all improve the quality of family life.(Wicaksono et al, 2019) In the digital era as it is today, it is certainly a challenge for the community, including the indigenous people of Lampung Saibatin, because in daily life children spend their time playing gadgets, because of the effects of these gadgets children prefer to fight parents when reprimanded or reminded by parents.
Lampung Saibatin indigenous people also have their own way of supervising their children in using gadgets, but there are also parents who have not allowed their children to use gadgets, because in addition to providing positive effects gadgets can also have negative effects if there is no supervision by parents, for those who have children who have used gadgets they apply several supervision methods such as: a. Reminding time not to stare at gadgets for too long b.Supervise what applications the child is using c.Limiting the time for children to play gadgets d.Train communication to be more communicative with parents e.Using the parental supervision feature provided by the gadget

Childcare from the Perspective of Mubadalah and its Contribution to the Development of Family Law
Parenting patterns are closely related to family efforts in providing a sense of comfort, such as: always being there, support, good communication to children who are still growing up.(Rakhmawati, 2015) This parenting pattern is a stage that aims to support the physical, emotional, empathetic, financial and intelligence development of children starting from the time the child is born into the world until he/she matures.(Siti Nur Aidah, 2020, 221) This research is analyzed using the theory of mubadalah, mubadalah etymologically is the perspective of similarity.In terminology, it can be defined as "Islamic principles regarding the balance between men and women in carrying out their gender roles in the domestic and public spheres, based on equality between them, justice and benefits for both, so that there is no injustice or dominance over one another.But there is a relationship of mutual support, mutual responsibility and mutual assistance."(Wilis Werdiningsih, 2020) So the concept of mubadalah according to Faqihuddin Abdul Kodir is the principle of relating between men and women equally or equally which is not only the relationship between husband and wife, but broadly in all social constructions, such as students and teachers, children and parents, and so on.Because in Islam it is also emphasized that the difference between men and women is faith, not their gender, it is not justified in any action to dominate each other on the basis of gender.(M.Afiqul Adib, 2021) There are 4 types of parenting patterns that are usually used in parenting, including: Permissive parenting, authoritarian parenting, authoritative parenting and democratic parenting.From some of these concepts, in the opinion of researchers, democratic parenting is a parenting pattern that is in line with the concept of mubadalah initiated by Faqihudin Abdul Kodir.
This democratic parenting is in line with the concept of mubadalah or equalization, which does not view individuals based on their gender, but based on their potential and must be developed.So that parents have an obligation to discuss with children equally, according to what the child needs, not according to the parent's ego towards the child.(Anik Triwiningsih, 2019, 78).
As for the results of the research, it was found that the Lampung Saibatin indigenous community had a pattern of childcare carried out by the mother, but as the times progressed, there were already several parents in the Lampung Saibatin indigenous community who had implemented that childcare was carried out jointly by both parents, although parenting was more dominant to the mother because the father earned a living for family needs, the father's role in parenting could be done after they worked or in their spare time, with the aim that children and fathers did not lose moments together.That way the child gets complete love from both mother and father, so that it can have a good impact on the growth and development of the child.
Mubadalah teaches that parenting harmonizes the principles of interdependence and relationship, which is the mutual benefit of two people who have a relationship or relationship (Ismail, 2020).So women and men have the same rights and opportunities to engage in the public and domestic spheres, and benefit from all aspects of life.(Wilis Werdiningsih, 2019) The application of the concept of mubadalah in childcare patterns can be described as a process of cooperation between father and mother in caring for children.Not delegating work and responsibilities to each other.In addition, both parents must provide opportunities for their children to do various games, and jobs regardless of whether these games or jobs should only be played by girls or boys.Provide equal opportunities and responsibilities for boys and girls.
The success of childcare should be carried out jointly between fathers and mothers proportionally, so that this research contributes to campaigning for balanced parenting between fathers and mothers to be an answer to success in childcare as well as an effort to educate the Lampung Saibatin community which still has a classic paradigm that emphasizes the dominance of childcare only to the mother, so that it can slowly change the paradigm into childcare that has more value between fathers and mothers.

D. Conclusion
The pattern of childcare of the Lampung Saibatin indigenous community is carried out by the mother, but as the times have developed there are already some parents who have implemented that in childcare is carried out jointly by both parents.The existence of care is more dominant to the mother because the father earns a living for the needs of the family, on the other hand there is a classic paradigm that the wife's job is to take care of the house and children while the husband works.In this digital era, it is expected that childcare is carried out jointly, father and mother proportionally, so that this research contributes to campaigning The types of petutughan or calls are Pun and Ghatu for Suntan, Atin for King, Udo Dang and Cik Wo for Batin, Udo and Wo for Radin, Udo Ngah and Cik Ngah for Minak, Abang and Ngah for Mas and brother for Kemas, and calls for parents are Akan and Ina Dalom for Suntan, Aki and Ina Batin for King, Father and Ina Batin for Batin while for Radin, Mas and Kimas use the calls Mak and Bak.Calls to the same level of parents such as uncles and aunts are; Pak Dalom and Ina Dalom for Suntan, Mr. Batin and Ina Batin for King, Mr. Tengah-and Cik Tengah for Batin, Mr. Balak and Ina Balak for Radin, Mr. Ngah and Mak Ngah for Minak, Pak Lunik and Ina Lunik for Mas and Pak Cik and Mak Cik for Kemas.The nicknames for grandparents are Tamong Dalom and Kajong Dalom for the Suntan level, Tamong Batin and Kajong Batin for the King and Batin levels while Radin, Minak, Mas and Kemas use the nicknames Tamong and Kajong only.