The Position of Legal Customary Rules in the Divorce System of the Hindu Community in Bali

Abstract

Marriage is a legal act that is recognized by the Indonesian state. However, divorce in a marriage is expected today and is no exception in Indonesia. Divorce is determined in Act Number 1 of 1974 concerning Marriage. This research wants to contribute to family law in the divorce system for the Hindu community in Bali, seeing that there is no position against legal customary rules and Hinduism, which in Article 39 determines the validity of a divorce. This research focuses on library research with a descriptive-analytical way and statute approach. The result of this study is that in Balinese legal customary divorce process, there should be strong reasons, as contained in the Vedic Scriptures, such as the Garuda Purana, to take divorce steps. The divorce system that indigenous people in Bali can carry out is the palas perabian system and continues with the mapegat sot sacred ceremony. The legal consequences of divorce in the Hindu community in Bali do not affect the status and position of the child because the Hindu community in Bali adheres to a patrilineal family system (purusa). The legal consequences related join property (gunakaya), whether inherited property from the husband or inherited property of the wife from the parental gift (tetatadan), will return to each party in the event of a divorce.

Keywords

• family law
• marriage law
• marriage
• divorce
• balinese legal customary rules
• bali
• indonesia