The Status of a Husband Married According to His Wife-s Religious Rules but After Divorced Returning to the Kinship System of Balinese Customary Law (Case Study in Antura Village, Buleleng Regency)
I Made Arya Utama; Gede Ngurah Agus Suhardiyana; I Ketut Widia; I Wayan Rideng
Universitas Warmadewa
Abstract
Many legal, social, cultural, and religious implications arise from each marriage that takes place. This is a legal consequence of the receipt of various kinds of customary customs that originate from the religious law adopted by the local community. This study aimed to find out the status of men who convert in the Balinese Customary law system? and to find out the status of men who convert to the original family after divorce in the village of Anturan, Buleleng Regency? The type of research used in this study is empirical legal research. The types of approaches used in this study are legal approaches (statute approach), conceptual approaches, case approach and historical approach. Sources of legal material used are primary and secondary legal materials, by recording and documents and analyzed descriptively. In conclusion, factors that cause a person to convert religion are 1) Confidence factors, 2) Environmental factors, 3) Factors of poverty, 4) Family factors, 5) Factors of community leaders, 6) Political and war factors, 7) Factors already falling love. The status of a man who has converted his religion, then divorced legally is, will return to remain as an heir with all the rights and obligations attached. But will get inheritance with the consequence of carrying out obligations or swadrama and obtaining rights referred to as swadikara. Because the status has been returned to the family, the rights and obligations in the community, especially in the village of Pakraman can be accepted as village, officials or community members.
Keywords: Status of man, conversion, divorce, family origin.
Topic: Law in tourism