UNDERAGE MARRIAGE ACCORDING TO BALINESE CUSTOMARY

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.