Right of Male Heirs to the Original Family Related to Nyeburin’s Marriage to Land Rights in Perspective Balinese Law of Customs

Abstract

The marriage of nyeburin changes the position of women into purusa and men into pradana. Then in terms of inheritance, the priority in the nyeburin marriage is the woman, but the status of the man who becomes pradana is questioned when nyeburin marriage ends and the status of the man is returned to his family of origin. This study aims to analyze the inheritance rights of men who do nyeburin’s marriage on inherited land in their origin family and to analyze the implications of inheritance rights of men who do nyeburin’s marriage in right and obligations of origin family. The research method used is normative legal research. In addition, the data collection technique used is the library study technique. The results of this study revealed that (1) a man who does a nyeburin marriage will lose his right to inherit in his family of origin because of a change in his status to pradana in his wife's family. A man who does a nyeburin marriage will be considered to have left kedaton so that he has the same position as a woman who marries out. (2) Burden marriage has implications for the position of the husband so that here the husband follows the wife. The rights and obligations as husband and wife are still the same as in a normal marriage, only in a marriage where the wife's position is higher than that of the husband.

Ratio Legis of Heirs Who Change Religion According to Bali Traditional Health Law

“…The function of inheritance law according to the Balinese Inheritance Law is to regulate the forwarding and transfer of material and immaterial goods of the heir to his heirs. The function of the customary law of inheritance according to the customary law of Ball is aimed at keeping the inheritance intact into one where its use is for the maintenance of the welfare of all family members in the relationship of worshiping the ancestral spirits of the family in one place of worship [2], in this case, Merajan or Pura. The inheritance of parents in a family in Bali is generally held by the eldest son or the youngest son so that the inheritance remains intact.…”