THE STATUS OF THE LAW OF A HUSBAND MARRIAGE BY RELIGION OF THE WIFE AFTER DIVORCE BACK TO SYSTEM INDIGENOUS LAW OF BALANCE Gede Ngurah Agus Suhardiyana, I Ketut Widia, I Wayan Rideng
Magister of Law, Universitas Warmadewa
Abstract
As an inner bond between a man and a woman to form a happy family based on the One Godhead, marriage institutions have very complex social implications that require comprehensive handling. 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. The problems in this thesis are: What is the status of men who convert in the Balinese Customary law system? and What is 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 the type of emperical legal research. Type of field approach by making observations in the community about the existence of phenomena that become research studies, Types of legal approaches (Statute approach), Types of conceptual approaches (conceptual approach), Types of Approach cases (Casus Approach), and Types of historical approaches (Historical approach ) Sources of legal material in the form of primary and secondary legal materials, with legal material collection techniques by recording and documents and analyzed descriptively analysis. Factors that cause a person to convert to 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 boy 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 boys, conversion, divorce, family origin.
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