International Journal of Interreligious and Intercultural Studies
Vol 2 No 1 (2019): Interreligious and Intercultural Studies

Pada Gelahang Marriage: A Legal Pluralism Perspective

I Putu Sastra Wibawa (Universitas Hindu Indonesia)
I Putu Gelgel (Universitas Hindu Indonesia)
I Putu Sarjana (Universitas Hindu Indonesia)



Article Info

Publish Date
04 May 2019

Abstract

Presently, pada gelahang marriages are still controversial within Balinese society in terms of their implementation and the implications. A certain percentage of Balinese approve of pada gelahang marriages, while a certain percentage of people disagree for various reasons. These pros and cons are not tolerated. In fact, the phenomenon of pada gelahang marriages is often confounding to the Hindu community in Bali. Hence, solutions are required. While pada gelahang marriages can be found in many districts and regions in Bali, however, many doubts and problems still arise in their philosophical and juridical foundations. Therefore, research on pada gelahang marriages from the perspective of legal pluralism needs to be done. This research is a qualitative research with a legal sociology approach. Primary data is derived from field data from observations and from the results of interviews of related parties, while secondary data is obtained from literature books using the theory of legal pluralism as a guiding theory in the discussion of research. The results of the study indicate that the pada gelahang marriage has a philosophical foundation, juridical foundation and sociological basis for the creation of values of justice, legal certainty and the benefit of law in the framework of legal pluralism that provides a way to meet Hindu religious law, traditional village customary law and state law to set pada gelahang marriages

Copyrights © 2019






Journal Info

Abbrev

ijiis

Publisher

Subject

Religion Arts Humanities

Description

IJIIS expects to publish articles that investigate, critically assess and foster intellectual exchanges at the theoretical, philosophical as well as applied levels of knowledge on interreligious and intercultural matters. Its main purpose is to generate scholarly exchanges of ideas, criticisms, and ...