Proceedings of the 5th International Conference on Law, Social Sciences and Education, ICLSSE 2023, 1st June 2023, Singaraja, Bali, Indonesia

Research Article

Rights and Obligations of Children Born in Polygamine Marriage as Village Krama in Bonyoh Adat Village, Bangli District

Download58 downloads
  • @INPROCEEDINGS{10.4108/eai.1-6-2023.2341401,
        author={I Gusti Ayu Apsari  Hadi and Ni Putu Ega  Parwati and I Dewa Herman  Yudiawan},
        title={Rights and Obligations of Children Born in  Polygamine Marriage as Village Krama in Bonyoh  Adat Village, Bangli District},
        proceedings={Proceedings of the 5th International Conference on Law, Social Sciences and Education, ICLSSE 2023, 1st June 2023, Singaraja, Bali, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSE},
        year={2023},
        month={12},
        keywords={children's rights and obligations krama desa polygamy traditional marriage},
        doi={10.4108/eai.1-6-2023.2341401}
    }
    
  • I Gusti Ayu Apsari Hadi
    Ni Putu Ega Parwati
    I Dewa Herman Yudiawan
    Year: 2023
    Rights and Obligations of Children Born in Polygamine Marriage as Village Krama in Bonyoh Adat Village, Bangli District
    ICLSSE
    EAI
    DOI: 10.4108/eai.1-6-2023.2341401
I Gusti Ayu Apsari Hadi1,*, Ni Putu Ega Parwati1, I Dewa Herman Yudiawan1
  • 1: Universitas Pendidikan Ganesha
*Contact email: apsari.hadi@undiksha.ac.id

Abstract

Children who grow up in the Balinese customary community have rights and carry out customary obligations. Forming a family and continuing offspring through legal marriage according to the laws of each religion and belief as Article 28A of the 1945 Constitution and Article 2 paragraph (1) of the Marriage Law are citizens' rights. In Bonyoh Traditional Village, children born in polygamous marriages do not receive traditional marriage services. Departing from das sein and das sollen, this study uses empirical legal research methods. The provisions of Pawos 8 and Pawos 9 Awig-Awig Bonyoh Traditional Village, children born in polygamous marriages when they are married have the status of krama, but cannot carry out their obligations directly and maximally. Their rights are limited considering that their marital status is illegal according to custom and they are not entitled to claim the amount inherited from their parents or children from the first wife.