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Kantriani, Ni Ketut
Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar

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PERLINDUNGAN TERHADAP PELANGGARAN HAK ANAK DALAM KELUARGA MENURUT HUKUM HINDU Kantriani, Ni Ketut
VYAVAHARA DUTA Vol 15, No 2 (2020): September 2020
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v15i2.1815

Abstract

All families crave the birth of a child, especially the hindu family of the birth of a child believed to be able to provide assistance or save the spirit of his ancestors from hell and will perform a tarpana ceremony after his parents die. The child is the result of the marriage process. The Book of Manawadharmasasta states that the purpose of marriage includes; Dharmasampatti means that together the husband and wife realize the implementation of dharma, which includes all religious activities and obligations such as carrying out yadnya, because in grehasthalah yadnya can be carried out perfectly. It means to give birth to offspring (sons and daughters) who will continue the mandate and obligation to the ancestors. Through yadnya and the birth of a son suputra, a child will be able to pay off the debt of services to the ancestors (Pitra rna), to the One True God (Deva rna) and to the teachers (Rsi rna), and Rati means to enjoy a sexual life and other sense satisfaction (Artha and Kama) that is not contrary to the Dharma. (Titib,2003:84). From the above quote the purpose of marriage (grehasta dormitory) according to scripture and other Hindu literature is to realize happiness together born and inner and acquire descendants or children who are suputra.Children from the womb until birth have the right and freedom to live and get protection from both their parents, family, society, nation and country. Children in order to grow and develop, then they must be protected by providing nutritious food, proper education, keeping them away from forms of perversion such as acts of violence, discrimination, cruelty, persecution, exploitation, abuse and injustice.Keywords : Protection, Violation, Child Rights, Hindu Law
HARMONISASI HUKUM PENGANGKATAN ANAK DALAM DESA ADAT DI BALI (SUATU KAJIAN PLURALISME HUKUM) Kantriani, Ni Ketut; Putra, Ida Bagus Sudarma
VYAVAHARA DUTA Vol 16, No 2 (2021)
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v16i2.2910

Abstract

Offspring is expected in marriage, in Hinduism the purpose of marriage, namely in the book of Manawa Dharmasastra, mentioned that praja (giving birth to offspring). But in reality in marriage not all the wishes that are expected will be achieved. In Bali marriages that do not have children generally perform the rapture of children. According to Balinese customary law the removal of children is generally a child who is raised from the purusha line (from the male lineage), the purpose of the child's rapture is to continue the offspring, responsibility in the form of rights and obligations. The appointment of children for a Hindu married couple who are Balinese, Then the implementation of the child appointment process should follow the provisions of Hindu law, then Balinese customary law (awig-awig and pararem) that applies in each customary village in addition to also still referring to the process of child adoption procedures that have been regulated in the applicable legislation in Indonesia. Based on this background, the issues discussed can be formulated as follows: 1. How to regulate the shahnya rapture of children according to customary law, Hinduism and National Law. 2. How the process of carrying out the appointment of children in indigenous villages in Bali is studied from legal pluralism. concepts: harmonization of law, adoption of children, pluralism of law, theory using legal pluralism (John Griffiths) and living law theory (Eugene Ehrlich), type of empirical legal research, descriptive nature of research, type of data qualitative and sourced from primary data and secondary data, using methods of data collection, obsenvation, interview, and literature. Determination of informants using non probability sampling, the instrument used by mobile phones, management and qualitative and systematic descriptive analysis. The results of research 1) The regulation of the shahnya child appointment can be seen from 3 legal bases, namely national law, customary law, and religious law. 2) In the process of carrying out the adoption of children in indigenous villages in Bali on the point of view of legal pluralism, namely the combination of three basic legal rules, including national law, customary law (awig-awig and pararem), and religious law (Hindu law), where the three legal bases run simultaneously in the implementation of child adoption in harmony, and balance, so as to create a harmony of law in the implementation of child appointment in indigenous villages in BaliKeywords: Harmonization of the Law, Adoption of the Child, Pluralism of Law 
PERLINDUNGAN TERHADAP PELANGGARAN HAK ANAK DALAM KELUARGA MENURUT HUKUM HINDU Kantriani, Ni Ketut
VYAVAHARA DUTA Vol 15, No 2 (2020): September 2020
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v15i2.1815

Abstract

All families crave the birth of a child, especially the hindu family of the birth of a child believed to be able to provide assistance or save the spirit of his ancestors from hell and will perform a tarpana ceremony after his parents die. The child is the result of the marriage process. The Book of Manawadharmasasta states that the purpose of marriage includes; Dharmasampatti means that together the husband and wife realize the implementation of dharma, which includes all religious activities and obligations such as carrying out yadnya, because in grehasthalah yadnya can be carried out perfectly. It means to give birth to offspring (sons and daughters) who will continue the mandate and obligation to the ancestors. Through yadnya and the birth of a son suputra, a child will be able to pay off the debt of services to the ancestors (Pitra rna), to the One True God (Deva rna) and to the teachers (Rsi rna), and Rati means to enjoy a sexual life and other sense satisfaction (Artha and Kama) that is not contrary to the Dharma. (Titib,2003:84). From the above quote the purpose of marriage (grehasta dormitory) according to scripture and other Hindu literature is to realize happiness together born and inner and acquire descendants or children who are suputra.Children from the womb until birth have the right and freedom to live and get protection from both their parents, family, society, nation and country. Children in order to grow and develop, then they must be protected by providing nutritious food, proper education, keeping them away from forms of perversion such as acts of violence, discrimination, cruelty, persecution, exploitation, abuse and injustice.Keywords : Protection, Violation, Child Rights, Hindu Law
HARMONISASI HUKUM PENGANGKATAN ANAK DALAM DESA ADAT DI BALI (SUATU KAJIAN PLURALISME HUKUM) Kantriani, Ni Ketut; Putra, Ida Bagus Sudarma
VYAVAHARA DUTA Vol 16, No 2 (2021)
Publisher : Institut Hindu Dharma Negeri Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25078/vd.v16i2.2910

Abstract

Offspring is expected in marriage, in Hinduism the purpose of marriage, namely in the book of Manawa Dharmasastra, mentioned that praja (giving birth to offspring). But in reality in marriage not all the wishes that are expected will be achieved. In Bali marriages that do not have children generally perform the rapture of children. According to Balinese customary law the removal of children is generally a child who is raised from the purusha line (from the male lineage), the purpose of the child's rapture is to continue the offspring, responsibility in the form of rights and obligations. The appointment of children for a Hindu married couple who are Balinese, Then the implementation of the child appointment process should follow the provisions of Hindu law, then Balinese customary law (awig-awig and pararem) that applies in each customary village in addition to also still referring to the process of child adoption procedures that have been regulated in the applicable legislation in Indonesia. Based on this background, the issues discussed can be formulated as follows: 1. How to regulate the shahnya rapture of children according to customary law, Hinduism and National Law. 2. How the process of carrying out the appointment of children in indigenous villages in Bali is studied from legal pluralism. concepts: harmonization of law, adoption of children, pluralism of law, theory using legal pluralism (John Griffiths) and living law theory (Eugene Ehrlich), type of empirical legal research, descriptive nature of research, type of data qualitative and sourced from primary data and secondary data, using methods of data collection, obsenvation, interview, and literature. Determination of informants using non probability sampling, the instrument used by mobile phones, management and qualitative and systematic descriptive analysis. The results of research 1) The regulation of the shahnya child appointment can be seen from 3 legal bases, namely national law, customary law, and religious law. 2) In the process of carrying out the adoption of children in indigenous villages in Bali on the point of view of legal pluralism, namely the combination of three basic legal rules, including national law, customary law (awig-awig and pararem), and religious law (Hindu law), where the three legal bases run simultaneously in the implementation of child adoption in harmony, and balance, so as to create a harmony of law in the implementation of child appointment in indigenous villages in BaliKeywords: Harmonization of the Law, Adoption of the Child, Pluralism of LawÂ