Proceedings of the First International Conference on Technology Management and Tourism, ICTMT, 19 August, Kuala Lumpur, Malaysia

Research Article

Law Status Of A Husband Who Adheres Wife Religion Back To System Indigenous Law After Divorce (Case Study In Anturan Village, Buleleng Regency)

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  • @INPROCEEDINGS{10.4108/eai.19-8-2019.2293759,
        author={Gede Ngurah Agus Suhardiyana and I Ketut Widia and I Wayan Rideng},
        title={Law Status Of A Husband Who Adheres Wife Religion Back To System Indigenous Law After Divorce (Case Study In Anturan Village, Buleleng Regency)},
        proceedings={Proceedings of the First International Conference on Technology Management and Tourism, ICTMT, 19 August, Kuala Lumpur, Malaysia},
        publisher={EAI},
        proceedings_a={ICTMT},
        year={2020},
        month={5},
        keywords={law status adheres divorce family origin},
        doi={10.4108/eai.19-8-2019.2293759}
    }
    
  • Gede Ngurah Agus Suhardiyana
    I Ketut Widia
    I Wayan Rideng
    Year: 2020
    Law Status Of A Husband Who Adheres Wife Religion Back To System Indigenous Law After Divorce (Case Study In Anturan Village, Buleleng Regency)
    ICTMT
    EAI
    DOI: 10.4108/eai.19-8-2019.2293759
Gede Ngurah Agus Suhardiyana1,*, I Ketut Widia1, I Wayan Rideng1
  • 1: Megister Law Program, Universitas Warmadewa, Denpasar
*Contact email: info@warmadewa.ac.id

Abstract

This research is motivated by religious differences between a man and a woman who wants to get married thus the marriage made the husband switch to his wife's religion. The research aims to identify the legal position of husbands who switch religion in the balinese customary law kinship system in the village of Anturan and to describe the legal position husband who returned to embrace the religion of origin in the status customary law in the village of Anturan. The type of research used in this study is the type of emperical legal research. Sources of legal material in the form of primary and secondary legal materials, with legal material collection techniques by recording and documents and analyzed descriptively analysis. Factors that cause a person to convert to religion are confidence factors, environmental factors, factors of poverty, family factors, factors of community leaders, political and war factors, interest factors. The status of a man who has converted his religion, then divorced legally is, will return to remain as an heir with all the rights and obligations attached. But will get inheritance with the consequence of carrying out obligations or swadrama and obtaining rights referred to as swadikara. Because the status has been returned to the family, the rights and obligations in the community, especially in the village of Pakraman can be accepted as village officials, or community members.