LEGAL CONSEQUENCES OF DIVORCE OF MARRIAGE IN PADE GELAHANG ACCORDING TO BALINESE CUSTOMARY LAW

Abstract

Marriage in gelahang is one of the marriage systems in Bali that is different from the usual because both husband and wife act as purusa. The real impact of this marriage system is: husband and wife. Furthermore, of course, it has certain legal consequences, for example related to inheritance and the status of their children. Based on this, the author raises the problem, including how the pade gelahang marriage system is regulated in Balinese customary law and what are the legal consequences if a divorce occurs in a pade gelahang marriage? This research is an empirical research which is of a quantitative nature. Descriptive and using primary and secondary data. Data collection in this study uses observation, interview, and documentation methods, then all the collected data will be analyzed using qualitative data analysis techniques. The implementation of marriage in gelahang in Bali is inseparable from customs and in accordance with Hindu teachings, there is an agreement agreed upon by the parties after the implementation of the marriage in gelahang takes place, both regarding the status of children and socio-religious obligations, and the recording of marriage in gelahang is usually stated in the marriage certificate, both for the male and female parties as purusa, which is not included in ordinary marriages and also does not include nyentana marriages, but the husband and wife remain in the status of kapurusa in their respective homes, so they must carry out two obligations (swadharma), namely continuing the obligations to the wife's family and also continuing the obligations to the husband's family, both physical and spiritual, continuously or for a certain period of time, depending on the agreement of the husband and wife and their families. Marriage in gelahang can save offspring for those who do not have sons, when the groom is also not willing to do nyentana. When a divorce occurs in a marriage in Gelahang, the marriage agreement (Pasoban Mewarang) will be followed. If there are no regulations regarding marital property, the village awig-awig will be used in accordance with Balinese customary law.