Juridical Implications of Dissolution of Marriage due to Death for the rights of girls in Angantaka in the Perspective of Balinese Customary Law
I Wayan Subandi, I Wayan Wesna Astara, Ni Made Jaya Senastri

Universitas Warmadewa, Denpasar-Bali, Indonesia

Abstract

The focus of the study in this article is the marriage system based on Balinese custom and the implications of the dissolution of marriage due to death on the rights of girls in Balinese customary law. The formulation of the problem in this study is what are the legal consequences of the dissolution of marriage due to death on the rights of girls in Balinese customary law. The type of research used in this research is empirical legal research. To analyze these legal issues, the authors use the theory of legal certainty by using a conceptual approach and a case approach. The results of the discussion in this study are in the case of dissolution of marriage due to death, it can be found that the rights of a daughter can be positioned as an heir in the case of having a sentana rajeg position, whereas if she follows the husband^s family law, the inheritance rights will be lost because she will carry out her obligations. in her husband^s house and inherit with her husband. The traditional Balinese marriage system adheres to a patrilineal system. Patrilineal is a community custom that regulates the line of descent from the father^s side. Meanwhile, a Balinese man will carry out his obligations to his ancestors so that he will get more inheritance rights.

Keywords: Dissolution of Marriage, Daughter^s Rights, Balinese Customary Law

Topic: Local Wisdom (Customary Law)