从巴厘习惯法的角度看 Mebyakaonan 婚姻法的影响:楠榜中部 Putra Rumbia 的 Ilir 区 Rantau Jaya 村巴厘人社区研究

Dewa Ayu Putu Widia Asih, I. G. AB Wiranata, Kasmawati, Aprilianti, Dewi Septiana
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引用次数: 0

摘要

婚姻是男女之间作为夫妻延续血脉的外在和内在纽带。在巴厘岛的习俗中,婚姻被称为 "pawiwahan"。从梵天(brahmacari)到格哈斯塔(ghasta),帕维瓦罕(pawiwahan)是人类生命过程中一件神圣的事情。Mebyakaon 婚姻是指牵手婚姻。本研究的问题是:在楠榜中央省 Putra Rumbia 区 Rantau Jaya Ilir 村,为什么双方会以 "mebyakaon 婚姻 "缔结婚姻,以及 "mebyakaon 婚姻 "对他们在社区中的婚姻状况和由此婚姻所生子女的地位产生的法律后果。本研究属于规范-实证法律研究,属于描述性研究类型。解决问题的方法采用社会学司法方法,数据来源为一手数据和二手数据。数据收集技术包括文献研究和实地研究,包括对信息提供者和进行婚姻mebyakaon的受访者进行访谈。数据分析为定性分析。研究和讨论的结果表明,婚姻的原因是由几个因素造成的,即经济因素、教育因素、互惠因素、父母的愿望因素以及仍与其他妇女合法结婚的男子的因素。mebyakaon的婚姻状况与巴厘岛传统婚姻的一般状况不同,它与mebyakaon婚姻的区别在于传统的结婚程序尚未完全结束。根据印度尼西亚帕里斯达印度教法(Parisadha Hindu Dharma Indonesia,PHDI)的决定和法令,婚姻的有效性取决于 Tri Upasaksi 的条件。mebyakaon婚姻的法律地位不具有很强的约束力,因此这种婚姻可能不具有与传统巴厘岛已婚夫妇一般的法律地位。同样,婚姻的法律后果也会有所不同。举行 "mebyakaon 婚 "的夫妇不能进入寺庙,也不能参加村里的屠杀,因为 "mebyakaon 婚 "只对当事人有效,但根据巴厘岛习惯法,这种婚姻是无效的,"mebyakaon 婚 "所生子女属于婚外子女(anak astra),"mebyakaon 婚 "中的夫妻财产没有法律确定性,夫妻财产也不混合。
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Effects of Mebyakaonan Marriage Law in the Perspective of Balinese Customary Law: Study on Balinese Community, Rantau Jaya Village, Ilir District, Putra Rumbia, Central Lampung Regency
Marriage is the outward and inner bond between a man and a woman as husband and wife to continue their lineage. Marriage in Balinese customs is called pawiwahan. Pawiwahan is a sacred thing in the process of human life from the status of brahmacari to the time of grhasta. Mebyakaon marriage is marriage under the hand. The problem in this study is why mebyakaon marriage is taken by the parties to form a marriage and the legal consequences of mebyakaon marriage on their marital status in the community and the status of children born from this marriage in Rantau Jaya Ilir Village, Putra Rumbia District, Central Lampung Regency. This research is normative-empirical legal research with a descriptive research type. The problem approach used sociological juridical approach with data sources is primary data and secondary data. Data collection techniques with literature studies and field studies are interviews with informants and respondents who carry out marriage mebyakaon. Data analysis is qualitative analysis. The results of research and discussion show that the reason for the marriage is caused by several factors, namely economic factors, educational factors, mutual demen, parental desire factors, and the factor of men who are still legally married to other women. The marital status of mebyakaon is not the same as traditional Balinese marriage in general, what distinguishes it from mebyakaon marriage is that it lies in a traditional procession that has not been carried out completely. Based on the decisions and decrees of Parisadha Hindu Dharma Indonesia (PHDI), the validity of marriage is determined on condition that Tri Upasaksi. The legal position of mebyakaon marriage does not have a strong binding force so that this marriage may not have the same legal status as traditional Balinese married couples in general. Similarly, the legal consequences of marriage will be different. Couples who perform mebyakaon marriage may not enter the temple and participate in the massacre in the village because mebyakaon marriage is valid according to the parties only but, according to Balinese customary law this marriage is invalid and children born from mebyakaon marriage are extramarital children (anak astra) and marital property in mebyakaon marriage There is no legal certainty and there is no mixing of property between husband and wife.
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