Unique Marriage nyentana in Balinese Traditional Law
Journal: International Journal of Science and Research (IJSR) (Vol.9, No. 7)Publication Date: 2020-07-05
Authors : Ni Nyoman Sukerti; I Gusti Agung Mas Rwa Jayantiari;
Page : 359-362
Keywords : nyentana; married; unique; customary law; Bali;
Abstract
This study aims to examine nyentana the unique ways of marriage in traditional Balinese law. The hallmark of marriages of patrilineal societies is honest marriage, which is paid by men to women. While in a nyentana marriage, uniqueness occurs where honesty is paid by the woman to the man. In relation to this legal problem, how are the regulations of marital marriage in Balinese customary law and what legal consequences arise from such marriage These legal issues are examined using normative legal methods by relying on legal and non-legal materials. In addition, the problem is also examined based on Feminist Legal Theory and also legal system theory. The findings show that the marriage of nyentana is clearly regulated in customary law (awig-awig) as a solution in terms of preventing the loss of heredity. As a result of the marriage the married men will lose their inheritance rights in their original home. This means that customary law is phallocentric. The conclusion is that the marriage method prevents the extinction of offspring in Balinese customary law and consequently the married man loses inheritance rights in the original house.
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