Abstract:
Traditional Balinese marriage (Pawiwahan) is a physical bond between a
man and a woman as husband and wife to give birth to offspring who can provide
opportunities for the offspring to melt away the sins of their ancestors. Carrying
out a culture according to Balinese customary law is to carry out a stage of life
that is sacred and eternal in nature to get to Grhasta or a period of marriage.
During grhasta, regarding the age of marriage it was recommended to avoid
underage marriages. Underage marriages are marriages that are conducted outside
of the age limit stipulated by the respective national and customary laws. The
problem in this study on how is the marriage of minors in Bali in terms of
traditional Balinese law in Balinese society. The type of research used is empirical
normative, with the type of research being descriptive and informative. The
method of data collection in this study is primary data obtained from field studies
by interviewing Indigenous Leaders as well as Lecturers at the Faculty of Law of
Udayana University, Balinese Traditional Law Expert, named Prof. Windia along
with proof in the form of photo attachments on the last page in this thesis. The
results of research on the marriage of minors reviewed according to Balinese
customary law on the community shows that the implementation of underage
marriage in its implementation is no different from marriages in general, but only
begins with negotiations from the customary parties with due regard to customary
law and national law. The marriage is carried out by the men ngidih (when a man
are about to take his bride to be from her parents) the woman to be brought to the
man's house and performed a pawiwahan ceremony then there is a request from
the man to be legally and traditionally validated. The marriage of minors occurs
due to several factors, namely education, economy, relationships, and mutual
friendship (like). The marriage of minors causes a legal effect on the parties to the
marriage, that is, they will indirectly be the subject of discussion and ridicule by
the indigenous people.
