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

Abstract

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.