Co-existence of Bali Customary Law and State Law in Case of Divorce

DOI

10.2991/978-2-494069-93-0_13How to use a DOI?

Keywords

Divorce; awig-awig; state law; legal status

Abstract

The purpose of this research is to find the concept of a combination of the application of customary law and state law in the event of divorce in order to obtain a clear legal status in society. Meanwhile, based on observations, many people think that the divorce has been completed at the customary village level without going through a court process. The problems studied are (1) the nature of divorce according to Balinese customary law and (2) divorce arrangements in awig-awig (Balinese customary law). This research is an empirical legal research, because there is a gap between norms and their application in society. The approach used in this research is the approach to legislation and legal anthropology. There are two types of data used in this study, namely primary data and secondary data. The primary data was collected by interview, while the secondary data was collected by document study using the recording technique. After the data has been collected, it will be analyzed using qualitative techniques and presented in an analytical descriptive manner. Based on the results of the study, that the essence of nyapihan (divorce) according to Balinese customary law is the ending of a person’s marriage bond, either by sincere means or because of a lawsuit so that they no longer have the status of husband and wife. The divorce process as specified in the awig-awig must comply with the provisions of the law (state law), namely through a court process, after a court decision, an announcement process is carried out in the village, as well as rituals according to customary law so that between husband and wife who are divorced have a clear legal status in public life.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - I Ketut Sukadana
AU  - I Wayan Werasmana Sancaya
PY  - 2023
DA  - 2023/01/25
TI  - Co-existence of Bali Customary Law and State Law in Case of Divorce
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 105
EP  - 113
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_13
DO  - 10.2991/978-2-494069-93-0_13
ID  - Sukadana2023
ER  -