PENCATATAN PERJANJIAN PERKAWINAN PADAGELAHANG DI KABUPATEN TABANAN: IMPLIKASI YURIDIS DAN TANTANGAN MENURUT PERSPEKTIF UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN

Herayani, Arila Zapera (2025) PENCATATAN PERJANJIAN PERKAWINAN PADAGELAHANG DI KABUPATEN TABANAN: IMPLIKASI YURIDIS DAN TANTANGAN MENURUT PERSPEKTIF UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN. Undergraduate thesis, Universitas Muhammadiyah Malang.

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Abstract

Padagelahang marriage is a form of customary marriage that is still practiced in Tabanan Regency, reflecting a traditional practice with high cultural value. Padagelahang is a type of marriage in which a man, who is the only son in his family, marries a woman from a family that has no sons and is also an only child. However, in this arrangement, the man does not enter the woman's family, and vice versa. Couples in a Padagelahang marriage maintain their respective family structures while establishing specific agreements regarding inheritance rights and family responsibilities. This practice is widely observed in Balinese customary society as a solution to preserving family heritage and social status. However, it presents legal challenges in relation to Law Number 1 of 1974 on Marriage. This study examines the legal implications of registering Padagelahang marriages and the marriage agreements made before customary institutions and formally before a notary. The research employs an empirical juridical method involving field studies. Data sources were obtained through interviews with customary leaders, notaries, and civil registry officials. The findings indicate that while the Padagelahang marriage agreement serves as a valid basis within customary communities covering legal status, lineage, family rights and obligations, and inheritance children born from unregistered marriages face administrative and legal challenges under national law. This study recommends harmonizing customary and national laws, as well as increasing public awareness to facilitate the registration process. The research is expected to contribute to policy development that integrates customary values with formal legal frameworks.

Item Type: Thesis (Undergraduate)
Student ID: 202110110311343
Keywords: Padagelahang marriage, Marriage registration, Marriage agreement, Customary law.
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: 202110110311343 arilazapera22
Date Deposited: 15 Apr 2025 04:12
Last Modified: 15 Apr 2025 04:12
URI: https://eprints.umm.ac.id/id/eprint/16575

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