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Kedudukan Ahli Waris yang Pindah Agama menurut Hukum Waris Adat Bali di Desa Dangin Tukadaya Kabupaten Jembrana I Putu Endar Pranata; I Ketut Sukadana; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The issue of changing religions related to inheritance based on Balinese customary law is a very important matter. In the customary norms of inheritance in Bali, inheritance is a system of transferring responsibility from one generation to the next. This responsibility goes with the attachment of a right. This responsibility includes responsibilities within the indigenous community. This research was conducted with the aim of describing how the kinship relationship of a son who converted and how the position of an heir who converted according to Balinese traditional inheritance law in Dangin Tukadaya Village, Jembrana Regency. This research employed empirical legal research with a sociology of law approach. The results of this research showed that the kinship of a son who converted is still close to their families. The conversion of religion does not break the kinship relationship, but its rights and obligations are no longer related to Sanggah Desa Adat and Pura Desa for having committed an act of disobedience. In addition, the position of a heir who changed religion according to Balinese traditional inheritance law in Dangin Tukadaya Village, Jembrana Regency is no longer an heir because he has no relationship with Sanggah Desa Adat and Pura Desa and has become a disobedient person.

Perkawinan yang Salah Satu Pihak belum Bercerai secara Sah di Desa Pohsanten Kadek Diki Putra Wardana; I Ketut Sukadana; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Marriage for the second time can be carried out by the parties who have been married if there is legal certainty regarding the previous marital status. The incident in Pohsanten Village was that the separation of the marriage was carried out in the presence of the traditional Prajuru only. This research was conducted with the aim of describing the validity of the marriage which is carried out by married couples who have not legally divorced and how to resolve marriages in which one of the parties has not legally divorced. The research method used was an empirical legal research method with a sociology of law approach. The results of this study found that the legality of the marriage was actually not legal, but the results obtained in the Pohsanten Village stated that the marriage was legal because the woman covered her original status which was still valid with her first husband. In the settlement of the divorce case, Bendesa Adat carried out mediation which aims to find a solution. Because the husband is still working abroad, the divorce has only just been completed at the village level by making a divorce statement.

Kedudukan Hukum Wanita yang Mulih Daha di Banjar Munggu Kecamatan Mengwi Kabupaten Badung Ni Komang Tri Intan Suaristiwayani; I Ketut Sukadana; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

For Balinese indigenous people, a woman returning to her parents’ home due to divorce has the status of mulih daha. With this status, a woman will have swadharma (obligations) and swadikara (rights) just like before the marriage took place in their respective homes. Several women who have experienced a mulih daha case have visited Banjar Munggu to regain their rights and carry out their obligations. This study examines the procedure for the return of a Balinese woman with the status of mulih daha and their customary position in Banjar Munggu Mengwi Badung. To achieve this goal, this research was conducted using an empirical legal research method with a sociological approach to law. Data were collected through selecting and summarising the data obtained from applicable legal provisions into relevant data with the object of the study. The results reveal that a woman with mulih daha status as a result of divorce does not have the right to inherit from her husband’s assets and / or that of their parents’, except from joint assets in inheritance. In Banjar Munggu Mengwi, the inheritance provisions for women with mulih daha status are clearly stipulated in the Awig-Awig of Banjar Adat, stipulating that every woman with the status of mulih daha is prohibited from joining in the village organisation.

Pelaksanaan Tradisi Perkawinan Merariq (Besebo) Suku Sasak di Lombok Timur Ratu Muti’ah Ilmalia; I Nyoman Putu Budiartha; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The Merariq (Besebo) Marriage Tradition is a traditional marriage tradition in the Sasak Tribe, starting from the Memaling incident, also called stealing on the basis of the consent of a woman whose rights are still in the power of her parents, to prove as a form of chivalry as well as a form of the man's seriousness to marry the girl. Every Merariq profession has values or morals of life that can become a guide for life for the community. The purposes of this study are to reveal the implementation of the merariq (besebo) marriage tradition in the Sasak tribe in East Lombok and the application of the merariq (besebo) marriage tradition according to Law No. 1 of 1974 and the Compilation of Islamic Law (KHI). The type of research used is Empirical Law research with a statutory approach and case approach. Data collection techniques in normative legal research are carried out by literature studies on legal materials. Sources of legal materials used are primary and secondary data. The data analysis technique is done by analytical descriptive. The results of the study revealed that the merariq tradition in the Sasak Tribe area has a picture of the marriage tradition with various rituals, where the traditional rituals are able to provide social value, and a moral message that is very attached to the Sasak people in East Lombok.

Kedudukan Anak Perempuan Sebagai Sentana Rajeg Menurut Hukum Adat di Desa Adat Kuta Kabupaten Badung Ni Wayan Setiari; I Nyoman Budiartha; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Nyentana is a form of marriage based on changes in the status of purusa from the daughter's side and from the male's status as pradana. This study aims to examine the implementation of nyentana rajeg marriages in the Traditional Village of Kuta, Badung Regency and analyze the position of the heirs of daughters in rajeg marriages in the Traditional Village of Kuta, Badung Regency. The type of research used is empirical legal research with a statutory approach. Sources of data used are primary and secondary legal materials collected through interview techniques and literature study. After the data is collected, it is then processed and analyzed descriptively. The results showed that the implementation of sentana rajeg marriage in the Traditional Village of Kuta, Badung Regency, namely women whose status was changed to men (purusa) based on their inner and outer bond and love for each other. It is stated in Awig-awig in Kuta Traditional Village, Nyentana marriage, in which the woman proposes to the man to be brought to the woman's residence and the final ceremony is held at the man's house and witnessed by the soldiers of the two villages. The position of the heirs of daughters in sentana rajeg marriages in the Traditional Village of Kuta, Badung Regency, namely Purusa in Hinduism is interpreted as a male or female descendant of Putrika who is suputra who will carry out and continue his Swadarma as a descendant of Kapurusa. After the daughter is married, her status is changed to Sentana Rajeg, who will become the heir, has rights and responsibilities towards parents, merajan, and inheritance

Kedudukan Anak Astra (Anak Luar Kawin) dalam Hukum Keluarga dan Kewarisan Adat Bali I Gede Yudha Rana; I Made Suwitra; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

The presence of a child in the family is happiness as a manifestation of the fruit of a husband and wife's love. Having children is everyone's dream, especially when starting a new family or legal marriage. However, this is inversely proportional to children who are born without a previous legal marriage relationship so that the child is included in the class of children outside marriage or Astra children in accordance with Article 43 of Law Number 1 of 1974 concerning Marriage. This child out of wedlock sometimes becomes a problem in the family because not all stepfathers accept their existence. This study aims to reveal the position of children in traditional inheritance families in the Malet Village of Kutamesir and analyze the protection of Astra children in family law and inheritance in the Indigenous Village of Malet Kutamesir. This study uses an empirical legal research type with a conceptual approach. The data used are primary and secondary data obtained through interview techniques and literature study techniques and analyzed qualitatively and legal interpretation with a descriptive final presentation. The results of this study reveal that an astra child only has a legal position in inheriting his mother's property and an astra child has the right to get protection from whatever happens around his life, be it at home or outside the home.

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