Juridical Implications of Marriage Breakup Due to Death on The Rights of Girls in Angantaka in The Perspective of Balinese Customary Law

DOI

10.2991/978-2-38476-180-7_86How to use a DOI?

Keywords

The breakup of marriage; the rights of girls; Balinese customary law

Abstract

This article analyzes the Balinese customary marriage system and the implications of marriage breakup due to death on girls’ rights in customary law in Bali. The research contains two problems, namely how the legal consequences of the breakup of marriage due to death on the rights of girls in Balinese customary law. This research uses empirical legal research types and then analyzed using legal certainty theory using conceptual approaches and case approaches. This study obtained results by discussing that in the event of the breakup of marriage due to death, it can be found that the rights of daughters can be positioned as heirs in terms of sentana rajeg position, while if following the husband’s family law, then inheritance rights will be lost due to carrying out an obligation to the husband’s house and inheritance obtained with the husband. The Balinese customary marriage system adheres to the patrilineal system. In Angantaka Village there are several wives left dead by their husbands and consequently in the case of inheritance according to Bendesa Adat Angantaka and Kelian Adat if the husband and wife have sons and daughters, especially those who are not married, then their rights and obligations remain as heirs of their parents and get heirs also because until the end of the verse do not marry. While girls who marry out (limited kedaton ninggal) cannot inherit or are called guwak ngutang taluh (crows leave eggs), because of the crystallized paternalistic culture.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - I. Wayan Subandi
AU  - I. Wayan Wesna Astara
AU  - Ni Made Jaya Senastri
PY  - 2023
DA  - 2023/12/31
TI  - Juridical Implications of Marriage Breakup Due to Death on The Rights of Girls in Angantaka in The Perspective of Balinese Customary Law
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 807
EP  - 818
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_86
DO  - 10.2991/978-2-38476-180-7_86
ID  - Subandi2023
ER  -