Implication of Sudra in Marriage Customary Law between Wangsa in Bali (Human Rights Perspective)

Indonesia is the thousand islands; Bali is one of those thousand islands. Bali is very rich in culture, customs, and traditions including the marriage customary law which still following the law at the time of colonization like paswara 1927 that regulate patiwangi sentence against marriage between wangsa. At the time of the Kingdom and Netherlands colonization the question of castes, wangsa is very influential to the marriage. Bali stratified society into a system called caste. Sudra caste included the very bottom which is considered low in degree, now commonly known as the jabawangsa. The marriage between wangsa, taking the husband of the sudra (jabawangsa) is avoided. That is the reason to examine about “Implication of Sudra in Marriage Customary Law between Wangsa (the perspective of human rights). By raising the issue in the following studies: How the implications of sudra in marriage between wangsa from the perspective of HUMAN RIGHTS? Research is conducted on four regencies/municipalities in Bali. Implications of the sudra in marriage between wangsa (patriloma) or AsuPundung and AlangkahiKarang Hulu, where women of tri wangsa are forbidden to mate with men of sudra. Implications of sudra in marriage between wangsa of nyeburin, where men of sudra are forbidden for nyeburin marriage to women of tri wangsa. Research results have shown any change where sudra men are allowed to marry as nyeburin with women from the wangsaksatria. An implication of sudra in divorce, widow of patriloma marriage that has lowered the degree/wangsa does not possess equal right with the widow of marriage in general. So the implications of any differences in the vertically status of the system is the cause of human rights violations, which in principle are not discriminating among fellow human beings. Such marriage customary law is contrary to the values of Pancasila which is the value of a Just and Civilized Humanity.